Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air.ky.gov 

Leonard K. Peters 

Secretary 

December 13,2010 

Ms. Gwen Keyes Fleming 

Regional Administrator 

U.S. Environmental Protection Agency, Region 4 

Sam Nunn Atlanta Federal Center 

6 1 Forsyth Street, SW 

Atlanta, GA 30303-8960 

Dear Ms. Fleming, 

The Energy and Environment Cabinet requests that the U.S. EPA approve the following amended 

air quality regulations to Kentucky's State Implementation Plan (SIP) pursuant to 42 U.S.C. 7410(a). 

Parallel processing was requested for these administrative regulations on August 5, 2010. These 

regulations will become effective in Kentucky on January 3, 201 1, and official copies can be found at 

http://www.lrc.ky.gov/kar/TITLE401.HTM. The statutory authority for these regulations is given in 

KRS 224.10-lOO(5). 

401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. (Amendment) 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. (Amendment) 

Two copies of the amended administrative regulations are enclosed, and electronic versions have 

been e-mailed directly to Dick Schutt and Lynorae Benjamin. 

The Cabinet appreciates your prompt response to this request. If you have any further questions 

or concerns about this submittal, please feel free to contact Laura Lund at (502) 564-3999, ext. 4428, or 

Laura-Lund@ky.gov. 

Cc: Dick Schutt 

Lynorae Benjamin 

LKPIII 

Enclosures 

.- 

Leonard K. Peters 

Secretary 

An Equal Opportunity Employer M@/D 
REGULATIONS AS EFFECTIVE ON 

JANUARY 3,201 1 
Regulation package sent to U.S. EPA, Region 4, 

on December 14,2010. 

State-effective regulations to be added to 

package after January 3,201 1. 
STATEMENT OF CONSIDERATION 

& 

REGULATIONS 

(as amended in response to comment) 
STEVEN L. BESHEAR 

CIOVERNOR 

1IZEWmKrn 

SECRETARY 

ENERGY AND ENVIRONMENT CABINET 

OPFICE OF THE SECRETARY 

$00 MERO STREET 

12= FLOOR, CAPITAL PLAZA TOWER 

FRANKFORT, KY 40601 

TELEPHONE: 502-564-3350 

WACSIMILE: 502-564-3354 

October 15,2010 

Ms. Emily Caudill 

Regulations Compiler 

Legislative Research Commission 

Capitol Annex Building, Room 029 

Frankfort, Kentucky 40601 

Dear Ms. Caudill: 

Pursuant to KRS Chapter HA, the Energy and Environment Wmet haby files the 

Statement of Consideration and the following administrative regulations as amended after the 

close of the comment period: 

401 KAR 51:001. Definitions for 401 KAR Chapter 51. 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. 

A public hearing to receive comments on the proposed administrdve regulatiom was 

conducted on August 24, 2020, in the Conference Room 201B of the ~ivision for Air 

200 Fair Oaks Lane, Frankfort, Ihtucky. The original and five copies of this subIni#al are 

enclosed, and electronic copies have been forwarded to you. 

Please contact Laura Lund at 564-3999, ext. 4428, if you have any questiolls regarding 

this submittal or the public hearing. 

Sincerely, 

Leonard K. Peters 

secretary 
SENATE MEMBERS 

David L Williams 

President, LRC &-Chair 

Katie Krak Gtlne 

President Pro Tern 

Robert Stivers 

Majority Floor Leader 

Ed Worfey 

Minority Flow Leader 

Den Seum 

Majotity Caucus Chair 

Johnny Ray Turner 

Minority Caucus Chair 

Carroll Glbson 

Majority Whip 

Jerry P. Rhoads 

Minority Whip 

LEGISLATIVE RESEARCH COMMISSION 

State Capltol 700 Capitol Avenue Frankfort KY 4lMl 

Cap@c4 FAX 602-223-5094 

Annex FAX 502-564-6543 

Robert Sherman 

Director 

HOUSE MEMBERS 

Gmgory 0. Shrmbo 

Speaker, LRC CoChair 

Lenyclnrk 

Speaker Plo Tem 

Rocky Wns 

Majority Flwr Leader 

JarfHocvDr 

Minocity Floor Leader 

Robert R. Darnmn 

Majority Caucus Chair 

Bob LkWesse 

Minority Caucus Chair 

John Will Stacy 

Majwity whip 

David Floyd 

Minority Whip 

MEMORANDUM 

TO: Leonard K. Peters 

Energy and Environment Cabinet 

FROM: Emily Caudill L% 

Regulations Compiler 

RE: Administrative Regulations Amended After Comments - 401 KAR 51:001 and 401 KAR 

52:OOl 

DATE: October 15,2010 

Copies of the administrative regulations listed above, Amended After Comments, are enclosed foryo~ files. 

These administrative regulations will be reviewed by the Administrative Regulation Review Subcommittee at 

its November 2010, meeting. Please notify the proper person(s) of this meeting. 

If you have any questions, please contact this office at (502) 5668100. 

Enclosures 
OCT 1 5 2010 

STATEMENT OF CONSIDERATION RELATING TO 

401 KAR 51 :001. Definitions for 401 KAR Chapter 51. 

401 KAR 52:OOl. Definitions for 401 KAR Chapter 52. 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

Amended After Comments 

(1) A public hearing on the above administrative regulations was held on August 24, 

2010, at 2:00 p.m. in Conference Room 2018 of the Division for Air Quality, 200 

Fair Oaks Lane, Frankfort, Kentucky 40601. 

(2) The following people attended this public hearing or submitted written comments: 

Name and Title 

Richard A. Schutt 

Chief, Air Planning Branch 

' Lloyd R. Cress, Jr. 

Attorney at Law 

Dinsmore & Shohl LLP 

Chad Harpole 

Director, Public Affairs 

Rachael Hamilton 

Regulatory Specialist 

Michelle King 

Environmental Supervisor 

Stan Knaus 

Regulatory Compliance 

Specialist 

AaencvlOraanizationlEntitvIOther Testimony 

U.S. Environmental Protection Written 

Agency (U.S. EPA) 

Kentucky Association of Manufacturers Written 

Kentucky Chamber of Commerce Written 

Energy and Environment Council 

Legislative Research Commission (LRC) Written 

Louisville Metro Air Pollution None 

Control District (L.MA.P.C.D.) 

LATA Environmental Services of None 

Kentucky 
(3) The following people from the promulgating administrative body attended this 

public hearing: 

Name and Title 

Jim R. Eubank, Environmental Technologist I 

Ty Martin, Environmental Technologist II 

Lora Gowins, Environmental Control Supervisor 

Elizabeth Robb, Internal Policy Analyst Ill 

Sean Alteri, Assistant Director 

John Lyons. Director 

Lisa Jones, Staff Attorney I, Mfice of General Counsel, Environmental Protection Legal 

Division 

John Home, Director, Office of General Counsel, Environmental Protection Legal 

Division 

'Laura Lund, Environmental Technologist II 

* Agency Representative 
Summary of Comments and Responses 

(1) General Comment 

(a) Comment - We urge the Cabinet to express oppasin to EPA's actions 

Uoyd R. Cress, Jc, Kentucky Assocl'efion of Manufacfumrs (KAM) 

Chad Harpole, Kentucky Chamber of Commerce (Chamber) 

KAM urges the Cabinet to voice its displeasure with the regulation of 

greenhouse gases (GHGs) and the Tailoring Rule to U.S. EPA in the 

strongest terms possible. We request that the Cabinet support other states 

that have filed challenges to the rule by participating as amicus curiae in 

those suits. In addition, we requests that the Cabinet communicate with U.S. 

EPA in writing to express the Commonwealth's objection to the regulation of 

GHGs and U.S. EPA's tactics utilized in imposing these requirements on 

unwilling states. 

The Chamber believes that EPA's actions to regulate GHGs under the Clean 

Air Act (CAA) are not supported by law and encourages the Cabinet and 

other Kentucky officials to aggressively express opposition to EPA's actions, 

including joining with other states in litigation challenging EPA's 

determinations and rulemakings. 

(b) Response 

The Cabinet acknowledges this comment: 

On September 27, 2010, the Commonwealth of Kentucky, through the Mfice 

of General Counsel for the Energy and Environment Cabinet, filed a notice of 

intent to participate as amicus curiae in support of the position of the State of 

Alabama, et. al., in the legal challenge petitioned by Southeastern Legal 

Foundafion, et. a!. v. EPA (Case No. 10-1131. Document 1268183). 

Additionally, the Cabinet submitted adverse comments in response to the 

proposed Tailoring Rule on December 18, 2009. In these comments, the 

Cabinet stressed the fad that EPA is circumventing the normal SIP process 

by which emissions of regulated NSR pollutants are regulated under the SIP. 

The Cabinet also encouraged EPA to seriously consider the programmatic 

and technical issues raised by the Commonwealth and other states 

concerning the deleterious effects the implementation of the Tailoring Rule 

will have on state permitting programs and the regulated community. The 

Cabinet also implored EPA to delay promulgation of the Tailoring Rule until 

after the proper legal groundwork has been established for regulating GHGs. 

In a related matter, the Commonwealth of Kentucky's Attorney General 

petitioned for a motion. to intervene against EPA, challenging the 

Endangerment Finding, on March 18, 2010 i~ase No. 09-1322, Document 

1235617). 
(2) General Comment 

(a) Comment - The Chamber supports a FIP in the short term 

Chad Harpole, Kentucky Chamber of Commerce 

Although the Chamber disagrees with EPA's actions, the Chamber supports 

Kentucky's efforts to maintain its status as the permit issuing authority for 

Kentucky business. 

The Chamber supports action by the Cabinet to obtain delegated authority 

under an EPA-issued FIP for implementation of greenhouse gas permitting 

without submittal of a SIP revision package in the short term. 

(b) Response 

The Cabinet acknowledges this comment and concurs in part. To maintain 

PSD program approval, the Cabinet intends to submit its SIP revision before 

January 2,201 1. In response to EPA's request in the preamble of the "Action 

To Ensure Authority To Issue Permits under the Prevention of Significant 

Deterioration Program to Sources of Greenhouse. Gas Emissions: Findings 

of Substantial Inadequacy and SIP Call", the Cabinet submitted a letter on 

October 4, 2010, requesting a SIP submittal deadline of March 31,2011, as 

a precautionary measure to avoid receiving a FIP (and possible sanctions) 

from €PA. 

(3) General Comment 

(a) Comment - The Cabinet must act to withdraw or repeal these regulation 

amendments if there are changes in the federal rule 

Lloyd R. Cress, Jr., Kentucky Association of Manufsdurem 

Chad Harpole, Kentucky Chamber of Commerce 

It is critical for the Cabinet to promptly act to repeal its adoption of the federal 

TaiIonng Rule in the event of federal action resulting in elimination of 

greenhouse gas regulation and permitting under the Clean Air Act. If the 

Cabinet proceeds with a SIP revision, it should immediately withdraw the 

revision request if the federal regulation is significantly modified, stayed, 

eliminated, or vacated. Such action is in fact required by KRS 13A.120, 

which prohibits the Cabinet regulations from being more stringent than 

federal law or regulations. 

(b) Response 

The Cabinet concurs. In the event of a federal action that results in not 

regulating or permitting greenhouse gases prior to the effective date of these 

proposed administrative regulations, the Cabinet will withdraw these 

regulation amendments. If federal regulation is significantly modified, 

stayed, eliminated, or vacated after th& proposed administrative 
regulations bmme effective, the Cabinet will adhere to the Court's final 

decision and amend the regulations accordingly. The Cabinet concurs that 

KRS l3A.l2O(l)(a) restricts the stringency of administrative regulations as 

compared to federal regulations. 

General Comment 

(a) Comment - The Cabinet and the Division for Air Quali shoukl actively 

engage EPA regarding biomass combustion sources 

Chad Harpole, Kenfucky Chamber of Commerce 

The Tailoring Rule provides insufficient information on how permitting 

authorities should consider biomass combustion sources for purposes of 

greenhouse gas PSDrritle V permitting. The Chamber strongly urges the 

Cabinet and the Division for Air Quality to actively engage EPA on this issue 

and to pursue a policy that is beneficial to Kentucky's farmers and forest 

owners and Kentucky's future as a biomass industry leader. 

(b) Response 

The Cabinet acknowledges this comment. The Cabinet will continue to 

actively engage €PA through conference calls and comments submitted in 

response to future rulemaking. 

~eneral Comment 

(a) Comment - The Cabinet must be mindful of differences between state and 

federal implementation of regulatory programs 

Chad Harpale, Kentucky Chamber of Commerce 

The Cabinet must be mindfur that there are fundamental differences in the 

manner in which the federal government implements regulatory programs 

and the way Kentucky agencies must implement regulatory programs. The 

Cabinet is prohibited from regulating through unpromulgated policy or 

guidance by state law (KRS l3A.130). These distinctions must continue to 

be recognized as these regulations are used to implement the permitting 

program. 

(b) Response 

The Cabinet acknowledges this comment. 

General Comment 

(a) Comment - The Cabinet should provide a date for federal regulations 

incorporated by reference 

Uoyd R. Cress, Jr., Kentucky Association of Manufacturers 

Chad Harpole, Kentucky Chamber of Commerce 
For those definitions that the cabin& proposes to change such that only the 

counterpart federal regulation is referenced, the Cabinet has not specifid a 

date for the federal regulation incorporated by reference. The incorporation 

by reference of federal regulatory decisions into state regulations effectively 

transfers to U.S. EPA the authority to legislate for Kentucky and to 

determine, in the future, that conduct which would constitute a violation of 

state law. Such a delegation of state legislative authority is prohibited by 

Section 29 of the Kentucky Constitution. The Cabinet should include the 

date of the federal regulation being incorporated. 

(b) Response 

The Cabinet concurs in part. In response to this and other comments, the 

Cabinet has restored previous definition language for a majority of the terms 

defined in 401 KAR 51:001 and 52:001. The Cabinet does concur that for 

those definKi in the proposed amendments that continue to cite to federal 

definitions in the Code of Federal Regulations (CFR), it is appropriate to 

indude the version of the CFR that is being cited. Therefore, the Cabinet 

has added a provision to the applicability section that identifies the version of 

the CFR that is being cited. . The Cabinet does not concur that it is always 

necessary to include a version date in all administrative regulations for all 

definitions with federal citations (see KRS 13A.2261), nor that this practice 

transfers any authority to EPA. 

(7) General Comment 

(a) Comment - Amended definitions should not be cited to 40 C.F.R. Part 60. 

Chad Harpole, Kentucky Chamber of Commerce 

The proposed changes to 401 KAR 52:001 incorporate definitions from 40 

C.F.R. 60.2 in some instances -for example, in the definitions of "alternative 

method" and "equivalent method". 40 C.F.R. Part 60 contains the federal 

new source performance standards (NSPS) and is not generally applicable 

to all emission units. Chapter 52 applies to all types of sources including 

sources that are not subject to any federal NSPS. Therefore, a federal 

NSPS definition should not be incorporated by reference. Similarly, the 

proposed changes to 401 KAR 51:001 incorporate definitions from 40 C.F.R. 

60.2 in some instances - for example, in the definitions of "malfunction" and 

'modifiitian". 401 KAR Chapter 50, the chapter that governs the air 

program generally, already contains a regulation addressing malfunctions, 

401 KAR 50:055, and a definition is provided in 401 KAR 50:OlO. 

Incorporation of the definitions of the federal NSPS program is not 

appropriate or necessary. 

(b) Response 

The Cabinet concurs in part. In response to this and other comments, the 

Cabinet has amended the proposed administratihe regulations to restore the 
previous definitions for the terms the commenter lists, with the exception of 

the term, "alternative method". For this term and others that ~0ntait-I 

discretionary language which cannot be resolved to meet KRS Chapter 13A 

drafting requirements, the Cabinet has continued to cite to the CFR. 

Additionally, the Cabinet has added a provision to the applicabitii section 

that identifies the version of the CFR that is being cited. Also, please see the 

Response to Comment (6). 

(8) General Comment 

(a) Comment - This proposed regulation of greenhouse gases is inappropriate 

Lloyd R. Cms, Jr., Kentucky Association of Manufacturers 

U.S. EPA's approach to the regulatiin of greenhouse gases (GHGs) has 

been strikingly negative and aggressive. US. EPA's inappropriate regulation 

of GHGs has been calculated, swift, and decisive. The Climatic Research 

Unit's data and the endangerment finding have been challenged by St?veral 

industry groups after evidence indicated that global temperature data had 

been manipulated. The legitimacy of the endangerment finding will be 

decided by the court system; until the courts decide or Congress takes 

action, the business community and the economy will continue to be 

paralyzed by U.S. EPA's GHG agenda. 

(b) Response 

The Cabinet acknowledges this comment. Please see the Response to 

Comment (I). 

(9) General Comment 

(a) Comment - The federal rule is endangering Kentucky businesses . Lloyd R. Cress, Jr., Kentucky Associafion of Manufacturers 

Chad Harpole, Kentucky Chamber of Commem \ 

U.S. EPA's attenlpt to regulate greenhouse gases is yet another attack on 

industry in Kentucky. U.S. EPA's activities have taken place in direct 

contravention of a healfhy federal-state relationship. The agency's 

overreaching has not been in concert, and &en in conflict, with states' 

views. The Clean Air Act was never contemplated as a vehide to regulate 

GHGs and is not suited for that purpose. 

(b) Response 

The Cabinet acknowledges this comment. 

(10) General Comment 

(a) Comment- The federal rule is endangering Kentucky businesses 

Lloyd R. Cress, Jr., Kentucky Assmation of Manufacfurets 
KAM is disappointed that the Cabinet .chose to move fonnrard with the 

adoption of the Tailoring Rule without providing aggressive feedback to EPA 

protesting the unwarranted imposition of the program on businesses and 

government within the Commonwealth. By the Cabinet moving forward at 

the current pace (following EPA's arbitrary, self-imposed deadline which is 

contrary to the Clean Air Act), Kentucky businesses are placed in the 

untenable position of being subject to a state requirement which is based 

upon a federal regulation that will likely be overturned. 

(b) Response 

The Cabinet does not concur. As discussed in the Response to Comment 

(I), the Cabinet submitted official comments to EPA on December 18,2009, 

that addressed the tegal, programmatic, and technical deficiencies of the 

Tailoring Rule. Also, please see the Response to Comment (1). 

(1 1) General Comment 

(a) Comment - Kentucky Association of Manufacturers does not oppose, but 

does not support, the Cabinet 

Lloyd R. Cress, Jc, Kentucky Association of Manufacturers 

KAM understands and appreciates the Cabinet's interest in maintaining 

primary authority for issuing permits in the state. The avoidance of a dual 

permitting program for Kentucky stationary sources is critical to the 

manufacturing community. To that end, KAM reluctantly does not oppose, 

but does not support, the Cabinet's adoption of the Tailoring Rule in 401 

KAR 51:001 and 52:001. 

(b) Response 

The Cabinet acknowledges this comment. 

(12) General Comment 

(a) Comment - Only the Tailoring Rule amendments should be made. 

Lloyd R. Cress, Jr., Kentucky Association of Manufadurers 

The Regulatory Impact Analysis (RIA) for the proposed changes provides 

that the proposed amendments are being promulgated only to address 

changes necessary as a result of the Tailoring Rule should be promulgated 

by the Division. The Division has proposed many revisions not related to the I Tailoring Rule that would substitute the current narrative definitions found at 

401 KAR 51:001 and 52:001 to simply reference to the aunterpart federal 

regulatory definition. In many instances, the wording is different and/or has 

been interpreted in a different manner. There appears to be substantive 
differences between the current state and federal definitions of the terns: 

"major source", "building, structure, facility or installation", 'major 

modificationJ', "malfunction", 'modiicat'in", and "visibility impairment." These 

changes are not necessary and should not be promulgated. 

(b) Response 

The Cabinet concurs in part. To clarify: the RlAs for the proposed 

administrative regulations clearly state in paragraph (2)(a), 'This regulation is 

also being amended to canform to KRS Chapter 13A." Whenever a 

regulation is opened to make an amendment, KRS Chapter 13A mandates 

that the entire regulation be reviewed and amended to follow Chapter 13A 

drafting requirements. The revisions the commenter is referencing were 

made for this reason. 

However, the Cabinet does concur that the majority of the definitions in the 

proposed administrative regulations should be returned to the original text 

with amendments that are necessary to address the Tailoring Rule 

provisions. Therefore, 401 KAR 51:001 and 52:001 have been amended to 

restore the original language for fve (5) of the terms the comrnenter listed. 

The Cabinet has determined (with Legislative Research Commission 

guidance) that specific federal definitions, including the definition of "visibility 

impairment", are more appropriately cited to the CFR, and these regulations 

will retain the CFR citations. 

(13) 401 KAR 51:OOl 

Section I(2O) 

(a) Comment - The definition of "baseline adual emissionsa causes problems 

Chad Harpole, Director, Public Affairs, Kentucky Chamber of Commem 

The incorporation of the federal definition of "baseline actual emissions" 

presents particular problems because the provisions of 40 C.F.R. 

51.166(b)(47), related to fugitive emissions and "startup, shutdown and 

malfunction", are subject to a stay from April 1, 2010, through October 3, 

201 1, due to EPA's stay of the fugitive emission rules. Unless a regulation 

with a specific date is incorporated, there will be uncertainty as to the 

effectiveness of the fugitive emissions provisions. 

(b) Response 

The Cabinet concurs, In response to this and other comments, the Cabinet 

has restored the previous definition language for "baseline actual emissions" 

in 401 KAR 51:001. Also, please see the Response to Comment (6). 

(14) 401 KAR 51:OO-l 

Section l(75) 
(a) Comment -The definition of "fixed capital cod' causes confusion 

Chad Harpole, Dimctor, Public Affairs, Kentucky Chamber of Commem 

The incorporation of the federal definition of "fuced capital cast" is 

problematic. The federal definition at 40 C.F.R. 51.166(b)(55) was stayed 

indefinitely on December 24, 2004. The incorporation of a regulation that is 

stayed only serves to create confusion and should be avoided. 

(b) Response 

The Cabinet concurs. In response to this and other comments, the Cabinet 

has restored the previous definition language for "fixed capital cod' in 401 

KAR 51:001 and 52:001. Also, please see the Response to Comment (6). 

(15) 401 KAR51:OOI 

Section I (80){b) and (c) 

(a) Comment - The Fugitive Emissions Rule has been stayed 

Richad A. Schuft, Chief, ~ir ~lanning Branch, U.S. EPA 

On March 31, 2010, EPA stayed the Fugitive Emissions Rule until October 3, 

201 1, to allow the Agency time to propose, take comment, and issue a final 

action regarding the inclusion of fugitive emissions in new source review 

applicability determinations. Therefore, the 40 C.F.R. Part 51 and 52 

administrative regulations that were amended for the Fugitive Emissions 

Rule are stayed through October 31,201 1. Pending final resolution of these 

issues, we will make a final determination on action regarding this portion of 

your SIP revision request. 

(b) Response 

The Cabinet acknowledges this comment. Please note that this issue has 

been resolved by restoring. the definition for "fugitive emissions" to the 

original language in response to this and other comments. Please see 

Response to Comment (6). 

401 KAR 51:001 

Section l(136) 

(a) Comment - The "modification" definition amendment results in a substantial 

change 

Chad Harpole, Dimcfor, Public Affairs, Kentucky Chamber of Commem 

The incorporation of the NSPS definitions of "modification" results in a 

substantial change in the regulatory language of the current Kentucky 

definition and eliminates important language excluding certain actions from 

being classified as modifications, such as routine maintenance, repair and 

replacement. These changes are not addressed in the regulatory impact 
analysis. The revisions should not be made unless these concerns are 

appropriately addressed. 

(b) Response 

The Cabinet concurs. In response to this and other comments, the Cabinet 

has restored the previous definition language for "modificationn in 401 KAR 

51:OOl and 52:001. Also, please see the Response to Comment (12). 

117) 401 KAR 51:OOl 

Section f(218) 

(a) Comment - The 'significant" definition amendment does not include ozone 

depleting substances 

Chad Harpole, Director, Public Affairs, Kentucky Chamber of Commerce 

The proposed amendments revise 401 KAR 51:001 to incorporate the 

federal definition of "significant", which does not indude a specific emission 

rate for ozone depleting substances. Both 401 KAR 51:017 and 51:052 

specify a significant rate for ozone depleting substances. It appears the 

proposal could result in a significant increase for ozone depleting substances 

becoming "any emissions rate." The regulatory impact analysis does not 

address the impact of such a change. The Chamber believes thresholds for 

significance are an important way to avoid unnecessary regulation and 

should be maintained. 

(b) Response 

The Cabinet concurs. In response to this and other comments, the Cabinet 

has restored the previous definition language for "significant" in 401 KAR 

51 :001. Also, please see the Response to Comment (12). 

(18) 401 KAR 51 :001 

Regulatory impact analysis, (4)(b) 

(a) Comment - Best Achievable Control Technology and required emissions 

reductions are still unknown 

Uoyd R. Cress, Jr., Kentucky ~~afion of Manufacfumrs 

Chad Harpale, Kentucky Chamber of Commerce 

It is yet to be determined what Best Achievable Control Technology (BACT) 

for greenhouse gases (GHGs) will be. The regulatory impact analysis (RIA) 

for each proposal relies upon EPA's cost estimates but these estimates are 

questionable. EPA has provided no methodology or means to provide an 

estimate of emissions reductions or the costs of BACT controls. BACT for 

GHGs is unknown so that the cost of compliance for regulated entities is not 

known and this issue is not addressed in the RIA. Without estimates of 

emissions reductions or costs of BACT controls, it is questionable whether 
the Cabinet can meet its statutory obligations under KRS Chapter 1314 

related to cost estimations. 

(b) Response 

To clarify: In paragraph (4)(b) of the RIA, the Cabinet does estimate the cost 

for individual companies to conduct a BACT analysis and submit the required 

permit application. The commenter is correct in noting that there are no 

established BACT requirements for GHGs. However, BACT controls will 

inevitably involve using energy efficiencies, which may result in low costs for 

compliance or potential savings. At this time there is no availabte cost 

analysis for BACT controls and GHG emission reductions. The Cabinet has 

addressed this deficiency with EPA in the Cabinet's December 18, 2009, 

comment letter on the Tailoring Rule and again in our September 29, 2010, 

comments on the proposed GHG SIP Call. 

(19) 401 KAR 51:OOl 

Regulatory impact analysis, (4)(b) 

(a) Comment - The regulatory impact analysis should state that emission fee 

requirements will not apply to greenhouse gases or carbon dioxide 

equivalent 

Lloyd R. Cress, Jr., Kentucky Association of Manufacturers 

Chad Harpole, Kentucky Chamber of Commerce 

Please confirm that the emission fee requirements of 401 KAR 50:038 will 

not apply to greenhouse gas emissions or C02e in the regulatory impact 

anaiysis. 

(b) Response 

The Cabinet concuw in part. In Phase I of the federal mandate, there are no 

additional emission fees associated with GHG emissions. However, sources 

which are brought under PSD or Tile V permitting during Phases I1 and Ill of 

the federal mandate, solely because of GHG emissions, will be subject to 

Title V emission fees for particulate matter, S02, NOx, and VOC emissions. 

There will continue to be no fees associated with GHG (C02e) emissions 

during Phases II and Ill. However, the Cabinet concurs that the RIA for 401 

KAR 51:001 should more clearly address this issue and has amended the 

RIA accordingly. 

(20) 401 KAR 52:OOl 

Section l(3) 

(a) Comment - The "actual emissions" definition should not be amended 

Lloyd R. Cress, Jr., Kentucky Association of Manufacturers 
It is improper to incorporate the federal PSD definition of "actual emissionsn 

for purposes of Kentucky's Tile V program. No changes to this term are 

necessitated by the Tailon'ng Rule and the term should not be changed from 

its current definition. 

(b) Response 

The Cabinet concurs. In response to this and other comments, the Cabinet 

has restored the previous definition language for "actual emissionsn in 401 

KAR 51 :001 and 52:001. Also, please see the Response to Comment (6). 

(21) 401 KAR 52:OOl 

Section l(51) 

(a) Comment - The "modificatian" definition results in a substantial change 

Chad Harpole, Director, Public Affajirs, Kentucky Chamber of Commerce 

The incorporation bf ththe' NSPS definitions of "modification" results in a 

substantial change in the regulatory language of the current Kentucky 

definition and eliminates important language excluding certain actions from 

being classifiid as modifications, such as routine maintenance, repair and 

replacement. These changes are not addressed in the regulatory impact 

analysis. The revisions should not be made unless these concerns are 

appropriately addressed. 

(b) Response 

The Cabinet concurs. In response to this and other comments, the Cabinet 

has restored the previous definition language for 'medication" in 401 KAR 

51:001 and 52:001. Also, please see the Response to Comment (12). 

(22) 401 KAR 52:OOl 

Section l(60) 

(a) Comment - Confirm that greenhouse gases and carbon dioxide equivalent 

are not regulated air pollutants 

Chad Harpole, Dimctor, Public Affairs, Kentucky Chamber of Cammem 

Please confirm that greenhouse gases or C02e are not considered regulated 

air pollutants for 401 KAR Chapter 52, including evaluation of whether 

activities are classifid as trivial or insignificant and for purposes of the 

requirements for state origin and registered sources. 

(b) Response 

The Cabinet concurs. GHGs are not considered "regulated air pollutants", by 

definition, for purposes of 401 KAR Chapter 52. The Cabinet followed the 

federal mandate by not amending the definition of "regulated air pollutant" to 
indude GHGs (C02e). Like EPA, the Cabinet also added a definition for 

'subject to regulation" to bring major GHG (Cae) sources and significant 

GHG modifications under PSD and Tile V review. Therefore, GHG (CW) 

emissions are not subject to state origin permitting or registration or for 

evaluation as trivial and insignificant activities under 401 KAR Chapter 52 

regulations. , 

(23) 401 KAR 52:001 

Section l(6O) 

(a) Comment - The Cabinet should confirm that greenhouse gases and carbon 

dioxide equivalent are not regulated air pollutants in the SOC and in the 

regulation 

Lloyd R. Cress, Jr., Kentucky Association of Manufercfurers 

The Cabinet should confirm in the SOC, and specifically in the regulation, 

that greenhouse gases andlor C02e would not be considered a "qulated air 

pollutant" as the term is defined at 401 KAR 52:001. Section l(60). and thus, 

even after the currently proposed changes, would not be required to be 

considered when determining whether an activity meets the definition of 

"insignificant and trivial activities" at 401 KAR 52:020, Section 6. 

(b) Response 

The Cabinet concurs in part. The definition for regulated air pollutant has not 

been amended to include GHGs (CO*); therefore, an additional amendment 

is not necessary. The Cabinet does concur that additional clarification is 

warranted in the RIA and has amended paragraph (2)(a) accordingly. 

Please see Response to Comment (22). 

(24) 401 KAR 52:001 

Regulatory impact analysis, (4)(b) 

(a) Comment - The regulatory impact analysis should state that emission fee 

requirements will not apply to greenhouse gases or carbon dioxide 

equivalent 

Uoyd R. Cress, Jr., Kentucky Association of Menufadumrs 

Chad Harpole, Kentucky Chamber of Cammem 

Please confirm that the emission fee requirements of 401 KAR 50:038 will 

not apply to greenhouse gas emissions or C02e in the regulatory impact 

analysis. - 

(b) Response 

The Cabinet concurs in part. In Phase I of the federal mandate, there are no 

additional emission fees assaciated with GHG emissions. However, sources 

whi~h are brought under PSD or Title V permitting during Phases II and Ill of 
the federal mandate, solely because of GHG emissions, will be subject to 

Title V emission fees for particulate matter, Sop, NOx, and VOC emissions. 

There will continue to be no fees associated with GHG (Cog) emissions 

during Phases I1 and Ill. However, the Cabinet concurs that the RIA for 401 

KAR 52:001 should more clearly address this issue and has amended the 

RIA accordingly. 
Summary of Statement of Consideration 

Genemi Summary 

On August 24, 2010, the Cabinet conducted a public hearing to receive comments on 

the proposed administrative regulations listed below. This Statement of Consideration 

(SOC), filed with the Legislative Research Cammission in accordance with the 

requirements of KRS Chapter 13A, relates to these administrative regulations. 

401 KAR 51 :001. Definitions for 401 KAR Chapter 51. 

401 KAR 52:OOl. Definitions for 401 KAR Chapter 52. 

The proposed administrative regulations were published in the August 1, 201 0, issue of 

the Administrative Regisfer of Kentucky. 

This SOC presents a summary'of all relevant comments submitted and the Cabinet's 

responses. 

Prominent advertisement of the hearing was published at least thirty days prior to the 

hearing in accordance with KRS Chapter 13A. The Public Hearing Notice and copies of 

the proposed administrative regulations were distributed to individuals on the Cabinet's 

mailing list. Copies of the proposed administrative regulations were distributed to all 

division personnel, to members of the Environmental Quallty Commission, and to other 

interested persons. Copies were also kept on file for public inspection in the Division's 

Regional Offices, select County Clerk's Offices, and the Louisville Metro Air Pollution 

Control District for at least thirty (30) days prior to the hearing. 

Summary of Comrnenfs 

The Cabinet received four (4) written statements regarding the proposed administrative 

regulations prior to adjournment of the public comment period. No oral statements were 

received. 

The written statements contained a total of twenty-four (24) comments, which included 

the following subjects: 

Opinion of the Cabinet's actions 

Supporting a FIP in the short term 

Differences behveen implementation of regulatory programs 

Inappropriate regulation of greenhouse gases 

Kentucky businesses are endangered 

The Cabinet should express opposition to EPA 

The possible need to withdraw amendments 

The Cabinet should date federal regulations 

€PA should be engaged regarding biomass 

Only Tailoring Rule amendments should be made 

1 comment 

1 comment 

1 mment 

1 comment 

2 comments 

1 comment 

I comment 

1 comment 

1 comment 

I comment 
40 C.F.R. Part 60 should not be cited 

Stayed federal provisions should not be cited 

. The Fugitive Emissions Rule has been stayed 

Problems with amended definitions 

BACT and required emissions reductions are unknown 

State that emission fees will not apply to GHGs or (2020 

Confim that GHGs and COze are not regulated air pollutants 

1 comment 

2 comments 

1 comment 

4 comments 

1 comment 

2 comments 

2 comments 
Action Taken by Promulgating Administrative Body 

The Cabinet proposes the following amendments: 

461 KAR 51 :001. Definitions for 401 KAR Chapter 51. 

Page 1 

Section 1 

Line 17 

After "Definitions", insert the following: 

The definitions with citations to the Code of Federal Reaulations shall be 

governed bv 40 C.F.R. Parts 50 throunh 96, effedive Julv 1.2010. 

Page I 

Section l(2) 

Line 20 

After '"Actual emissionsn", insert the following: 

- 

la) Means the actual rate of emissions of a rwulated NSR oollutant 

from an emissions unit as determined accordina to the follovna: 

I. Actual emissions as of a oarticular date eauals the averacre rate, in 

tons Der war. at which the unit actualhr emitted the pollutant durina a 

consecutive twenty-four (24) month ~eriod. that precedes that date and is 

reoresentative of normal source operation. unless a diirent time ~eriod is 

more re~resentative of normal source omation: and 

2. The unit's actual operatina hours. ~roduction rates. and tm of 

materials orocessed. stored, or cornbusted durina the selected time 

periods are used to calculate actual emissions; 

{b) Means source-s~ecific allowable emissions for the unit are 

eauivalent to actual emissions of the unit if the cabinet has made an 

eauivalencv determination ~ursuant to 40 C.F.R. 51 -166; 

{GI Means. for an emissions unit that has not beaun normal 

ooerations on a articular date. the ~otential to emit of the unit on that 

date: and 

0 

Id) Does not mean: 

2. Establishina a PAL under 401 KAR 51:017, Section 20. 

Delete the remainder of subsection (2). 

Page 2 

Section l(3) 

Line I 

After 'or 'PAL"", insert the following: 

g!y. 

source based on the baseline actual emissions of all emissions u~IL at 

the source that emit or have the ootential to emit the PAL oollutant. 
Delete the remainder of subsection (3). 

Page 2 

Section l(1O) 

Line 13 

After ""allocation"", insert the following: 

gt 

- unit. 

Delete the remainder of subsection (10). 

Page 2 

Section l(12) 

Lines 15-17 

After nuAllowable emissions"", insert the following: 

means: 

[a) The emissions rate of a stationarv source calculated usina the 

maximum rated capacitv of the source, unbss the source is subiect to 

federallv enforceable limits that restrict the owratina rate. hours of 

operation. or both, and the most strinaent of the followina: 

~, 

2. The a~plicable SIP emissions limitations. includina those with a 

future com~liance date; or 

3. The emissions rates specifd as a federallv enforceable permit 

condition. includina those with 

f

a future com~liance date: or 

calculated considerina any emission limitations that are enforceable as a 

pp 

strinaent wrovision of Daraara~h (all. thraucrh 3. of this subse~tbn, 

Delete the remainder of subsection (12). 

Page 3 

Section ((15) 

Line 3 

After ""Ambient air"", insert the following: 

means that ort ti on of the atmosphere, external to buildinas. to which the 

general public has access. 

Delete the remainder of subsection (15). 

Page 3 

Sean l(20) 

Line I1 

After ""Baseline actual emissionsm, insert the following: 

means the rate of emissions. in tons oer war. of a reaulated NSR 

~ollutant, that: 

fa) For an existina electric utili steam aeneratina unit (EUSGUL 

the unit ectuallv emitted durina anv consecutive twentv-four (241 month 
period selected bv the owner or owrator within the five (5) vear oeriod 

immediatelv oroceedina the date the owner or operator beains actual 

construction of the proied. unless a different twentyfour (241 hour time 

period is more representative of normal source ooeration, 

I. The rate is an averaae that: 

fi, 

a. Includes fuaitive emissions, to the extent auantiiable, and 

b. Is adiusted downward to exclude anv noncom~liant emissions 

that occurred while the source was operatina above an emission limitation 

that was leaallv enforceable durina the consecutive twentv-four i24) month 

period: and 

c. Is based on any consecutive twentv-four 124) month mriod for 

which there is adequate information for determinina annual emissions. in 

tons Der vear, and for adiustina this amount as necessarv acmrdina to 

clause b of this suboaracmoh: and 

2. If a oroiect involves multiple emissions units. onlv one (1) 

consecutive twentv-four (24) month ~eriod is used to determine the 

baseline actual emissions for the emissions units beincl chanaed with a 

different consecutive twenty-four (241 month period allowed for each 

resulated NSR pollutant; 

/bl For an existina emissions unit that is not an EUSGU. the unit 

actuallv emitted durina anv consecutiwe twentv-four 124) month oeriod 

selected bv the owner or ooerator within the ten (10) war oeriod 

beainnina on or after November 15. 1990, and immediatelv orecedinu the 

earlier of the date the owner or ooerator beains actual construction of the 

proiect or the date a comalete permit ap~lication is received bv the cabinet 

for a permit required under 401 KAR 51:017 or 51:052. 

I. The rate is an averaae that: 

a. Includes fuaitive emissions, to the extent auantifiable. and 

emissions associated with startups, shutdowns. and malfunctions; 

P. Is adiusted downward: 

(i) To exclude anv noncompliant emissions that occurred while the 

source was operatina above an emission limitation that was leaallv 

enforceable durina the consecutive twenty-four (24) month period; 

ofin 

0 

emission limitation with which the maior stationarv source is reauired 

limitations durina the consecutive twentv-four (241 month ~eriod: and ail For an emission limitation that is oart of a maximum achievable 

control technoloav standard ~roposed or promulaated under 40 C.F.R. 

Part 63, onlv if the Commonwealth of Kentuckv has taken credit for the 

emissions reductions in an attainment demonstration or maintenance olan 

consistent with 40 C.F.R. 51.165(a1(3WiiVGk and 

c. Is based on anv consecutive twentv-four (24) month period for 
tons Der vear, and for adiustinq this amount as necessaw accordina to 

clause b of this sub~araqraph. 

2. If a ~roiect involves multiple emissions units. onlv one (1) 

consecutive twenty-four (24) month period is used for each reaulated NB 

pollutant to determine the baseline actual emissions for the emissions 

units beins chanaed with a diierent conseartive twenhr-four (24) month 

period: 

Jc) For a new emissions unit. eauals zero for determininlr the 

emissions increase that will resuit from the initial construction and 

operation of the new unit and thereafter, for all other Dumoses. eauals the 

unit's Potential to emit: or 

/dl For a PAL for a stationary source. is determined as follows: 

1. For an existinq EUSGU, in accordance with the ~rocedures 

contained in ~aragraph (a) of this subsection; 

2. For other existing missions units, in accordance with the 

procedures 

~ 

contained in ~araara~h (b) of this subsection: and 

contained in paraara~h (d of this subsection. 

Delete the remainder of subsection (20). 

Page 3 

Section l(21) 

Line 12 

After '"Baseline area"", insert the following: 

means an intrastate area and every mrt of that area desianated as 

attainment or unclassifiable ~ursuant to 42 U.S.C. 7407 tdWI)(A)(ii) or Oii) 

in which the maior source or maior modification establishha the mlnor 

source baseline date would construct or would have an air aualitv im~act 

euual to or tareater than one (1) ualm3 annual averaae of the ~ollutant for 

which the minor source baseline date is established. 

(a) Area redesianations under 42 U.S.C. 7407(dMl.)(A)(ii) or (iiil do not 

intersect and are not smaller than the area of impact of a maior stationaff 

source or rnaior modification that: 

1. Establishes a minor source baseline date: or 

2. Is subiect to 401 KAR 51:017 and would be constructed in the 

Commonwealth of Kentuckv. 

fbl A baseline area established oriainallv for total sus~ended 

particulate (TSP) increments remains in effect to determine the amount of 

available PMI~ increments. unless the cabinet rescinds the corrwondinq 

minor source baseline date. 

Delete the remainder of subsection (21). 

Page 3 

Section l(22) 

Line 13 

After '"Baseline concentration"", insert the following: 
means the ambient concentration level that exists in the baseline area on 

the date the applicable minor source baseline date is established. 

Delete the remainder of subsection (22). 

Page 4 

Sectiotl l(24) 

Line 1 

After "Begin actual constru&ion"", insert the following: 

means: 

La) Initiation of phvsical on-site construction activities on an emissions 

unit that are of a ~errnanent nature and include installatian of building 

suoports and foundations. lavinq underground pipe work, and construction 

of permanent storaae structures; and 

lb) For a chanae in method of operations, those onsite activities, 

other than the ~rewratorv activities, that mark the initiation of the chanae, 

Delete the remainder of subsection (24). 

Page 4 

Section l(25) 

Lines 2 - 3 

After "or "BACT"", insert the following: 

m&, 

based on the maximum dwree of reduction for each regulated NSR 

pollutant that will be emitted from a proposed maior stationarv source or 

maior modification and: 

la) Is determined bv the cabinet pursuant to 401 KAR 51 :017. Section 

8. after takina into account enemv, environmental. and economic im~ads 

and other costs. to be achievable bv the source or modification throuah 

a~~lication of ~roduction processes or available methods. svstems. and 

techniaues. includina fuel cleanina or treatment or innovative fuel 

combustion techniaues for control of that ~ollutant; 

/bl Does not resul in emissions of a pollutant that would exceed the 

emissions allowed bv an applicable standard codified in 40 C.F.R. Parts 

60 and 61 ; and 

Jc) Is satisfied bv a desian. eaui~ment. work practice. or operational 

standard or combination of st&dards approved bv the cabinet. if: 

1. The cabinet determines pursuant to 40 C.F.R. 51.166fb1(12) that 

technological or economic limitations on the application of measurement 

methodoloav to a ~artiilar emissions unit would make the imwsition of 

an emissions standard infeasible; 

2. The standard establishes the emissions reduction achievable by 

implementation of the desian. eauipment. work ~ractice, or owration: and 

3. The standard orovides for compliance bv means that achieve 

ectuivalent results, 

Delete the remainder of subsection (25). 
Page 4 

Section 1127) 

Line 5 

After '"Boiler"", insert the following: 

md 

produce heat and to transfer heat to recirculatirm water. steam. or other 

medium. 

Delete the remainder of subsection (27). 

Page 4 

Section l(29) 

Line 7 

After "facility, or installationn", insert the following: 

means all of the wllutant ernittincr activities that 

la) Beloncr to the same industrial arou~ina or have the same two (21 

disit maior arouD code as described in the Standard Industrial 

Classification Manual; 

fb) Are located on one (1) or more contiauous or adiacent ~~perties; 

jc) Are under the control of the same mrson or persons under 

common control: and 

Idl Do not include the activities of a vessel. 

Delete the remainder of subsection (29). 

Page 4 

Section l(42) 

Line 22 

'After ""Combined cycle system"", insert the following: 

means a svstem cornorised of one (1) or more combustion turbines. heat 

recoverv steam aenerators. or steam turbines confiiured to ifnorove 

Delete the remainder of subsection (42). 

Page 4 

Section l(43) 

Line 23 

After "Combustion tuhinew", insert the following: 

means an enclosed fossil or other fuel-fired device that is com~rised of a 

compressor, a combustor, and a turbine, and in which the flue CtaS 

resultina from the combustion of fuel in the combustor Dasses ~hrwah the 

turbine, rotatina the turbine. 

Delete the remainder of subsection (43). 

Page 5 

Section l(44) 

Lines 1 - 7 

After uflCommence"n, insert the following: 
means that an owner or owrator: 

(a1 Has undertaken a continuous Drwram of construction, 

modification. or reconstruction of an affected facilitv. or that an owner or 

o~erator has entered into a contractual obliaation to undertake and 

com~lete. within a reasonable time, a continuous pmaram of construction, 

modification. or reconstruction of an affected facilitv: or 

(b) For construction of a maior stationaw source or maior modification 

in the PSD or NSR proqram, has all necessaw preconstruction a~~rovals 

or permits. and: 

1. Has beaun. or caused to beain. a continuous rJroaram of actual onsite construction of the source, to be completed within a reasonable time; 

- or 

~ 

2. Has entered into binding aareements or contractual obliaations. that 

operator. to undertake a proaram of actual construction of the source to be 

completed within a reasonable time. 

Delete the remainder of subsection (44). 

Page 5 

Section l(45) 

Line 8 

After "'Commence commercial operation"", insert the following: 

means to have beaun to produce steam, aas, or other heated medium 

used to aenerate electricitv for sale or use. Except as provided in 401 KAR 

51:195 or 40 C.F.R. 98.5: 

la1 For a unit that is a NOx budaet unit under 40 C.F.R. 96.4. on the 

date the unit commences commercial operation. the date remains the 

unit's date of commencement of commercial operation even if the unit is 

subseauentlv modified, reconstructed. or rewwered: or 

(bl For a unit that is not a NOx budaet unit under 40 C.F.R. 96.4. on 

the 

fif 

date the unit commences commercial o~eration, the date the unit 

commencement of commercial operation. 

Delete the remainder of subsection (45). 

Page 5 

Section l(46) 

Line 9 

After "'Commence operation"", insert the following: 

means, for a NOx budrjet unit, to have beaun a mechanical, chemical, or 

electronic Drocess. includina start-up of a unit's combustion chamber. 

Except as Provided in 401 KAR 51395 or 40 C.F.R. 96.5: 

la) For a unit that is a NOx budget unit under 40 C.F.R. 96.4 on the 

date of commencement of operatim, the date remains the unit's date of 

commencement of omration even if the unit is subseauentlv modified, 

reconstructed. or reuowered: or 
fb) For a unit that is not a NOx budaet unit under 40 C.F.R. 96.4 on the 

date of commencement of owration. the date the unit becomes a NOX 

budget unit under 40 C.F.R. 96.4 is the unit's date of commencement of 

operation. 

Delete the remainder of subsection (46). 

Page 5 

Section l(50) 

Lines 19 - 22 

After '(50)", insert the following: 

"Consttuction" means: 

[a) Fabrication, erection. installation, or modification of an air 

contaminant source: or 

Jbl For the NSR proqram. anv phvsical chanae or chanae in the 

method of operation. includinq fabrication, erection, installation, 

demoliiion, or modification of an emissions unit that would result in a 

chanqe in emissions at an air contaminant source. 

Delete the remainder of subsection (50). 

Pages 5 - 6 

Section l(51) 

Lines 23 - 2 

After "or "CEMS"", insert the following: 

means aall of the eauipment necessarv to meet the data aoauisition and 

cow 

continuousbasis. 

Delete the remainder of subsection (51). 

Page 6 

Section l(62) 

Lines 3 - 4 

After "'CEMS for NOx'"', insert the following: 

means the eaui~ment reauired to sam~le, analvze. measure. and provide, 

bv readinas taken at least once everv ffieen (1 5) minutes of the measured 

parameters, a oerrnanent record of NOx emissions. exmessed in tons Der 

hour for NOx. The follwvina svstems are necessarv comwnent Darts. as 

reauired bv 40 C.F.R. Part75, included in a continuous mhSi0ns 

rnonitorina svstem: 

(a1 Flow monitor; 

(bl NOx ~ollutant conqntration monitor; 

(cl Dilwnt aas monitor 10, or Cod; 

Id) Continuous moisture monitor: and 

(el Automated data acauisition and handiina svstem. 

Delete the remainder of subsection (52). 
Page 6 

Section l(56) 

Line 14 

After "'Xontrol period"", insert the following: 

means the Detiod beqinnina May 1 of a vear and endina on September 30 

of the same vear, inclusive. 

Delete the remainder of subsection (56). 

Page 7 

Section l(64) 

Lines 6 - 8 

After ""Emissions unY'", insert the following: 

means any Dart of a stationarv source, indudina an EUSGU, that emits or 

and 51 :052, there are two 12) Wes of emissions units: 

(a1 A new emissions unit. which is any emissions unit that is or will be 

newly constructed and that has existed for less than two Ql years from the 

date the unit first ooerated: and 

Ibl An existina emissions unit. which is any emissions unit that doe6 

not meet the reauirements in paraaraph (a) of this subsection or is a 

re~facement unit. 

Delete the remainder of subsection (64). 

Page 7 

Section l(66) 

Lines 17 - 18 

After '"Equivalent method"", insert the following: 

means a method of sam~lina and analvzina for an air ~ollutanthat has 

been demonstrated to the cabinet and the U.S. EPA pursuant to 40 C.F.R. 

53.3 to have a consistent and auantiitkelv known relations hi^ to the 

reference method, under s~ecified conditions. 

Delete the remainder of subsection (66). 

Page 7 

Section l(67) 

Line 19 

Afler ""Excess NOx emissionsu", insert the following: 

fi means anv tonnaae of nitrogen oxides emitted bv a NOx budaet unit 

for the unit. 

Delete the remainder of subsection (67). 

Page 8 

Section l(73) 

Lines 6 - 7 

After "uFederally enforceable"", insert the following: 
W' 

indudina: 

(a) Reuuirements developed under 40 C.F.R. Parts 60 and 61; 

(b) Reauirements in the Kentuckv State lm~lementation Plan lSlPl 

amroved bv the US. EPA: and 

q 

[c\ Anv wrmit reauirements established under 40 C.F.R. 52.21 or 

I, includina o~eratinn permits issued under an EPA-awroved mram 

incornorated into the SIP. that expresslv reauires adherence to a permit 

issued under the roara am. 

Delete the remainder of subsection (73). 

Page 8 

Section l(74) 

Line 8 

After "(74) "Federally", delete the hyphen. 

Page 8 

Section l(75) 

Line 10 

After '"'Fixed capital cost"", insert the following: 

means the capital needed to provide all the de~reciable CO~DOII~~~S. 

Delete the remainder of subsection (75). 

Page 8 

Section l(76) 

Line 1 I 

After ""Fossil fuel"", insert the following: 

a 

means natural aas: petroleum: coal: or a form of solid, liauid. or aaseous 

Delete the remainder of subsection (76). 

Page 8 

Section l(77) 

Line 12 

After u"Fossil fuel fired", insert the following: 

means, for a unit: 

la) The combustion of fossil fuel. alone or in combination with another 

fuel. if the fossil fuel cornbusted com~rises more than fm (501 percent of 

thg! 

unit had no heat inout startina in 1995. durina the last war of operation of 

/b\ The combustion of fossil fuel, alone or in combination with another 

fuel. if the fossil fuel is ~roiected to corn~rise more than fW (50) percent 
fossil fuel fired as of the date during the vear the unit begins cornbusting 

fQ&&& 

Delete the remainder of subsection (77). 

Page 8 

Section l(80) 

Lines 16 - 17 

After "Fugitive emissionsan, insert "means". 

Delete ": (a) Means". 

Lines 18 - 20 

After "equivalent opening", insert a period. 

Delete the remainder of subsection (80). 

Page 9 

Section l(84) 

Line 1 

After "Generator"", insert the following: 

means a device that produces electricitv. 

Delete the remainder of subsection (84). 

Page 9 

Section l(87) 

Lines 4 - 5 

After '"Heat input"", insert the following: 

means the product, in MMBTU per unit of time. of the aross calorific value 

in mass of fuel Der unit of time. that: 

la) Does not include the heat derived from meheated combustion air. 

recirculated flue qases. or exhaust from other sources: and 

Jb) Is measured. recorded. and reported to the cabinet. 

Delete the remainder of subsection (87). 

Page 10 

Section l(110) 

Lines 20 - 21 

After 'or 'IAER"", insert the following: 

means, for anv source: 

(all. The most strinaent emissions limitation that is contained in the 

Me 

limitation is not achievable: or 

2. The most strinaent emissions limitation achieved in ~radice bv the 

dass or caterrow of stationarv source; 

(bl For a maior modification. the lowest achievable emissions rate for 

fie new or modified emissions units at the stationanr source: and 
- 

a. The source was caoable of accommodatina before Januaw 6.1975. 

for 401 KAR 51 :OW. or December 21, 1976, for 401 KAR 51:052: unless 

the chanae would be orohiblted bv a federallv enforceabk uermit condition 

er 

December 21. 1976. for 401 KAR 51:052. aursuantto 40 C.F.R. 51.165 or 

51.166; or 

b. The source is a~~roved to use bv a mrrnit issued oursuant to 401 

KAR 51:017 or 51:052; 

emissions of an a~olicable standard established pursuant to 40 C.F.R. 

Parts 60.61. or 63. 

Delete the remainder of subsection (1 10). 

Page 11 

Section 1 (I 13) 

Line 

After '"Major emissions unit"", insert the following: 

means: 

La)J 

per Year or more of a PAL mllutant in an attainment area: or 

/bl Anv emissions unit that emits or has the ootential to emit a PAL 

pollutant in an amount that is eaual to or areater than the maior source 

threshold for the PAL wllutant as defined bv the Clean Air Act. 42 U.S.C. 

7401-7671a for nonattainment areas. 

Delete the remainder of subsection (1 13). 

Page I1 

Section l(114) 

Lines 2 - 4 

After ""Major modification"", insert the following: 

means a ohvsical chanae in or a chanae in the method of owratii of a 

maim stationarv source that results in a sianificant emissions increase and 

a sianificant net emissions increase of a reaulated NSR oollutant. 

{a) A significant emissions increase from anv emissions units or net . . emissions increase at a maior stationarv source that is smnrficant for 

vmr 

- ozone. 

&&t 

include: 

1. Routine maintenance. re~air. and replacement; 

2. Use of alternative fuel or raw material bv reason of an order or a 

natural gas curtailment lslan in effect under a federal act; 

3. Use of an alternative fuel at a steam cteneratina unit to the extent 

that the fuel is ~enerated from munici~al solid waste; 

4. Use of an alternatiie fuel or raw material bv a stationanr source 

that: 
5. An increase in the hours of operation or in the ~roduction rate, 

unless the channe is prohibited bv anv federallv enforceable errn nit 

condition established after Januarv 6. 1975. for 401 KAR 51:017 or 

December 21. 1076. for 401 KAR 51:052 oursuant to 40 C.F.R. 52.21; 

after June 6. 1979. pursuant to 401 KAR 51:015: afier Ser>tember 22, 

1982. Pursuant to 401 WR 51:017: or pursuant to 401 KAR 52020 and 

51:016E: 

6. A chanae in ownership at a statiinarv source; 

7. The installation. omration. cessation, or removal of a temDorary 

clean coal technoloav demonstration oroiect. if the oroiect COmDlie~ with 

the Kentuckv SIP and other reauirernents necessarv to attain and maintain 

the national ambient air aualitv standards durina the project and after it is 

terminated; 

8. The installation or owration of a permanent clean coal technoloay 

demonstration ~roiect that constitutes repowerina, if the proied does not 

result in an increase in the potential to emit of a requlated ~ollutant 

emitted bv the unit. on a pollutant-bv-pollutant basis: or 

9. The reactivation of a very clean coal-fired electric utili steam 

generatina unit, 

id Instead of this definition. the definition for 'PAL maior modifItionU, 

in subsection (175) of this section. is used for a uarticular reaulated NSR 

pollutant, if the maior stationan, source is cam~lvina with the reuuirements 

of 401 KAR 51:017. Section 20, and 401 KAR 51:052. Sedion 11. for a 

PAL for that wllutant. 

Delete the remainder of subsection (1 14). 

Page 11 

Section l(116) 

Lines 7 - 8 

After ""Major source"", insert the following: 

means a source with a potential emission rate eaual to or areater than I00 

tons Der vear of any one (1) of the followina oollutants: particulate matter, 

sulfur oxides. nitroqen oxides. volatile omanic com~ounds. carbon 

monoxide, or ODs. 

Delete the remainder of subsection (1 16). 

Page 11 

Section f (117) 

Line 9 

After "baseline datenn, insert thk following: 

means: 

(a) For wrticulate matter and suhr dioxide. Januarv 6. 1975: and 

(bl For nitroaen dioxide. Februarv 8. 1988. 

Delete the remainder of subsection (I 17). 
Page 11 

Section 1(118) 

Lines 10 - 12 

After "(I 18)", insert the following: 

"Maior stationarv source" means: 

fall. A stationarv source of air pollutants that emits. or has the 

oom, 

except that: 

a. For ozone nonattainment areas: one hundred (1 001 tons oer vear or 

more of volatile oraanic com~ounds or nitroaen oxides in a rnaminal or 

moderate ozone nonattainment area: fh (50) tons per vear or more of 

volatile oraanic compounds or nitroaen oxides in a serious ozone 

nonattainment area; twentv-five 125) tons per vear or more of volatile 

)t 

area: or ten (101 tons per vear or more of volatile orclanic communds or 

nitroaen oxides in an extreme ozone nonattainment area; 

b. Fiftv 1501 tons per vear or more of carbon monoxide in a serious 

carbon monoxide nonattainment area where stationary sources contribute 

sianificantlv to carbon monoxide levels: and 

c. Seventv (701 tons r>er vear or more of particulate matter (PMtd in a 

serious PMlo nonattainment area: or 

2.a. For the PSD proaram. anv of the followina stationarv sources of 

air oollutants that emits. or has the potential to emit. 100 tOn&tIer vear or 

more of a regulated NSR ~ollutant: fossil fuel-fired steam electric Dlants of 

more than 250 million BTU oer hour heat input, coal deanina Plants with 

thermal drvers. kraft DUID mills. wrtland cement plants. ~rimarv zinc 

smelters. iron and steel mill plants. primarv aluminum ore reduction plants, 

primarv copper smelters. municipal incinerators capable of chamina more 

than 250 tons of refuse per day. hvdrofluoric. sulfuric. and nitric acid 

plants. petroleum refineries, lime plants, ohos~hate rock processinq 

plants. coke oven batteries, suffir rewverv ~lants. carbon black ~lants 

/furnace processl. primarv lead smelters. .fuel conversion ~lants. sintering 

plants. secondarv metal production plants, chemical Process Dlants, 

except ethanol ~roduction facilities produ,cina ethanol bv natural 

fermentation under the North American Industry Classification SYStem 

[NAICSI codes 325193 or 312140. fossil fuel boilers. or combination of 

fossil he1 boilers, totalina more than 250 million BTU Der hour heat input. 

pD 

exceeding 300.000 barrels. taconite ore processina ~lants. alas fiber 

processina plants. and charcoal production plants: and 

b. Reaardless of the stationarv source size specified in subclause (8 of 

this clause, a stationarv source that emits, or has the potential to emit. 250 

tons oer vear or more of a regulated NSR pollutant: or 

otherwise aualifvina under this subsection as a maior stationarv Source. if 

the chanae will constitute a maior stationarv source bv itself; 
(b) A source that is maior for volatile omanic com~ounds or nitrom 

oxides is considered maior for ozone: and 

{c) Fwitive emissions are included onlv if the source belonrrs to one 

11) of the followina categories of stationarv sources: 

1. Chal cleanina dank with thermal drvers; 

2. Krafi pub mills; 

3. Portland cement plants; 

4. Primarv zinc smetters; 

5. Iron and steel mills; 

6. Primarv aluminum ore reduction plants; 

7. Primarv co~~er smelters; 

8. Municipal incinerators camble of chartling more than 250 tons of 

refuse per dav; 

9. Hvdrofluoric, sutfuric. or nitric acid plants; 

10. Petroleum refineries; 

1 1. Lime plants; 

12. Phosphate rock processina plants; 

13. Coke oven batteries; 

14. Sulfur recoverv plants; 

15. Carbon black plants (furnace ~rocessl; 

16. Primarv lead smelters; 

-' 

18. Sinterina ~lants; 

19. Seoondarv metal production olants; 

a. Chemical process plants, except ethanol produdion facilities 

producinq ethanol bv natural fermentation under NAlCS codes 325193 or 

312140; 

21. Fossil-fuel boilers, or combination of fossil-fuel boilers. totaling 

gore than 250 million BTUs per hour heat inout; 

22. Petroleum storaqe and transfer units with a total storaae ca~acity 

exceeding 300.000 barrels; 

23. Taconite ore ~rocessina plants; 

24. Glass fiber ~rocessina plants; 

25. Charcoal production ~lants; 

26. Fossil fuel-fired steam electric plants of more than 250 million 

BTUs Der hour heat in~ut: or 

beina reaulated under 42 U.S.C. 741 1 or 7412. 

Mete the remainder of subsection (1 18). 

Page 91 

Section l(119) 

Line 13 

After ""Malfunction"", insert the following: 

means a sudden and infreauent failure of air pollution control eaubment, 

process eauipment, or a process to o~erate in a normal or usual manner 
that is not caused entirely or in part bv war maintenance. careless 

ooeratiin. or other upset condition or eauioment breakdown that is 

reasonablv preventable. 

Delete the remainder of subsection (I 19). 

Page 11 

Section l(122) 

Line 20 

After "design heat inputn", insert the following: 

means the abili of a unit to combust a stated maximum amount of fuel 

per hour on a steadv state basis, as determined bv the phvsical desian 

and phvsical characteristics of the unit. 

Delete the remainder of subsection (122). 

Page 11 

Section 1 (I 23) 

Line 21 

After "hourly heat inpul'", insert the following: 

means an hourlv heat inout used for rerxlrtina ournoses if a unit lacks 

certified monitors to report heat inout and is: 

[a) A value calculated accordin4 to 40 C.F.R. Part 75 usina the 

intends to use 40 C.F.R. Part 75. Aopendix D. to report heat input: or 

Jb f A va e re orted 

mf!& 

concentration (in percent Cod or the minimum mrcent Oa if the unit 

intends to use a flow monitor and a diluent aas monitor. 

Delete the remainder of subsection (123). 

Page I I 

Section I(124) 

Line 22 

After "NOx emission rate"", insert the following: 

means the emission rate of NOx (in Ib per MMBTU) calculated accordinq 

to 40 C.F.R. Part 75, Appendix F. Section 3. usinu the maximum potential 

NOx concentration as defined in 40 C.F.R. Part 75. Appendix A. Section 2, 

and the maximum Dercent 0, or the minimum percent COP under all 

o~eratina conditions of the unit exce~t for unit startu~. shutdown. and 

malfunction. 

Delete the remainder of subsection (1 24). 

Page 11 

Section l(125) 

Line 23 

After "hourly heat inpur", insert the following: 
means a unit soecifii maximum hourlv heat input (MMBTU) that is the 

hinher of the manufacturer's maximum rated hourly heat inout or the 

hinhest observed hourly heat inout. 

Delete the remainder of subsection (125). 

Page 12 

Section l(130) 

Line 10 

ARer "Minor source baseline date"", insert the following: 

means: 

(a) The earliest date after the triaaer date on which a maior stationary 

source or a maior modification subiect to permit requirements established 

pursuant to 40 C.F.R. 52.21 or the Kentucky SIP submits a com~lete 

ao~lication: 

1. For oarticulate matter and sulfur dioxide, the tri~aer date is Auaust 

7.1977: and 

2. For nitmen dioxide, the triaaer date is February 8. 1988; 

(b) For TSP increments, hat the ori~inallv established date remains in 

effect to determine the amount of available PMIO increments. unless the 

cabinet rescinds the minor source baseline date Dursuant to 40 C.F.R. 

51 -1 66(b)(14Mivl: and 

(c) A date established for each pollutant for which increments or other 

eauivalent measures have been established if: 

I. The area in which the proposed source or modification will construct 

is desianated as attainment or unclassifiable pursuant to 42 U.S.C. 7407 

is 

pursuant to 401 KAR Cha~ter 52: and 

2. For a maior stationary source. the pollutant will be emitted in 

sianificant amounts or a sianificant net emissions increase of the pollutant 

will occur for a maior modification. 

Delete the remainder of subsection (130). 

Page 12 

Section l(l36) 

Lines 18 - 20 

After "(136)", insert the following: 

"Modificat'mn" means anv D~VS~C~I chanae in. or a chanae in the method 

of operation of, an affected facili that: 

1 

fa 1 Increases the amo 

emission of anv air pollutant (to which a standard aoolies) into the 

atrnos~here not oreviouslv emitted: and 

(bl Is not solelv: 

I. Maintenance. repair, and replacement that the cabinet determines 

to be routine for a source morv considering available information; 
2. An increase in ~roduction rate of an affected facilitv. if that increase 

can be accam~lished without a capital expenditure on that faciiii; 

; 

3. An increase in the hours of owration; 

standard becomes app[icable to that source tvPe. the affected facilitv was 

desianed to accommodate that alternative use. A facilitv is considered to 

be desi~ned to accommodate an alternative fuel or raw material if that use 

could be a~~~lnplished under the facilii's construction smifications as 

amended 

; 

prior to the change; 

in 42 U.S.C. 7411(a1(81; 

6. The addition or use of a svstem or device the ~rimarv function of 

which is the reduction of air ~ollutants. unless an emission control system 

is removed or reDlaced by a svstem that the cabinet determines to be less 

environmentallv beneficial: or 

7. The relocation or chancle in ownership of a source. 

Delete the remainder of subsection (136). 

Page 13 

Section l(138) 

Lines 1 - 2 

After "meets the requirements of", insert the following: 

anv a~oiicable administrative requlation in 401 KAR Cha~ters 50 to 65. 

Delete the remainder of subsection (138). 

Page 13 

Section l(141) -, 

Line 5 

After "Nameplate capacw, insert the following: 

means the maximum electrical aeneratina outout (in MWel that a 

gll! 

sge 

of Enerav standards. 

Delete the remainder of subsection (141). 

Page 13 

Section 1 (143) 

Lines 8 - 9 

After "approvals or permits"", insert the following: 

1

means those permits or approvals reauired under the administrative 

and federal air aualii control laws and regulations established oursuant to 

42 U.S.C. 7401-76719. 

Defete the remainder of subsection (143). 
Page 13 

Section 1 (144) 

Line 10 

After "(la)", delete "(a)". 

After "means", insert ": (a1 For". 

Delete "A#. 

Page 14 

Section I (144)(b)l. 

Line 2 

After "the change commences", delete the comma. 

Page 14 

Section I (144)(b)2. 

Line 5 

After "the change commences", delete the comma. 

Page 15 

Section l(14.6) 

Line 13 

After "test methods specfed", insert "in the Kentuckv SIP.". 

Delete the remainder of subsection (146). 

Page 15 

Section l(153) 

Line 22 

After "Allowance Tracking System", insert '" or "NATS'". 

Delete "(NATS)"". 

Page I7 

Section l(164) 

line 21 

After "“Opacity"", insert the following: 

means the denree to which emissions reduce the transmission of liaht and 

obscure the view of an obiect in the backaround. 

Delete the remainder of subsection (164). 

Page 18 

Section l(169) 

Line 11 

After ""Owner or operator"", insert the following: 

means a Derson who owns. leases. o~erates, controls. or su~ervises an 

affected facility or a source of which an affected faciIity is a oart. 

Delete the remainder of subsection (169). 

I 

~ Page 18 i 
Section l(l73) 

Line 22 

After ""PAL effective date'", insert the following: 

means: 

cr 

Ib) For an increased PAL. the date any emissions unit that is Dart of 

the PAL major modification becomes orxrational and beains to emit the 

PAL pollutant. 

Delete the remainder of subsection (173). 

Page 18 

Section l(l74) 

Line 23 

After '"PAL effective period"", insert the following: 

means the mriod beclinnin~ with the PAL effective date and endina ten 

11 0) vears later. 

Delete the remainder of subsection (174). 

Page 19 

Section 1 (I 75) 

Line f 

After ""PAL Mf major modification"", insert the following: 

the PAL source that causes it to emit the PAL pollutant at a level equal to 

or oreater than the PAL. 

Delete the remainder of subsection (175). 

Page 19 

Section l(176) 

Line 2 

After ""PAL permit"", insert the following: 

means the ~ermit issued bv the cabinet that establishes a PAL for a mai0r 

stationarv source. 

Delete the remainder of subsection (176). 

Page 19 

Section 1 (I 77) 

Line 3 

After ""PAL 

y 

poilutanr", insert the following: 

source. 

Delete the remainder of subsection (177). 

Page 19 

Section l(178) 

Line 4 
After ""Particulate matter"", insert the following: 

means a material, except uncombined water that exists in a finelv divided 

form as a liauid or solid measured bv a U.S. EPAaoproved test method or 

a test method a~~~lved in the Kentuckv SIP. 

Delete the remainder of subsection (178). 

Page 19 

Section l(179) 

Lines 5 - 6 

ARer "'Farticulate matter emissions"", insert the following: 

means. except as used in 40 C.F.R. Part 60. all finelv divided solid or 

liquid material. other than uncombined water, emitted to the ambient air as 

measured bv applicable reference methods, or an eau'mlent or alternative 

method s~ecified in 40 C.F.R. Chapter I. or bv a test method specified in 

the Kentuckv SIP. 

Delete the remainder of subsection (179). 

Page 19 

Section l(185) 

Line 19 

After "'PMI~"", insert the following: 

means wticulate matter with an aerodvnamic diameter less than or eaual 

to a nominal ten (10) micrometers as measured bv a reference method in 

40 C.F.R. Part 50, Amendix .I. and desianated in accordance with 40 

C.F.R. Part 53, or bv an eauivalent method desianated in accordance with 

40 C.F.R. Part 53. 

Delete the remainder of subsection (1 85). 

Page 20 

Section I (I 90) 

Lines 9 - 20 

After "or "PTE, insert the following: 

means: 

> 

(a) The maximum caeacitv of a stationaw source to emit a pollutant 

I. A ~hvsical or operational limitation on the caeacitv of a source to 

emit an air ~oflutant. includina air wllution control eauiprnent and 

restrictions on hours of operation or on the me or amount of material 

cow 

limitation is enforceable as a ~ractical matter. and 

2. This definition does not alter or affect the use of this term for other 

pumoses of the Clean Air Act. 42 U.S.C. 7401-7671q. or the term 

"~t3~acit~ factor" as used in the Acid Rain Proaram. 

Ib) For the PSD and NSR prwrams. the maximum cauacity of a 

stationarv source to emit a ~ollutant under its ~hvsical or oDerati0nal 

desian, in which: 
1. A ~hvsical or operational limitation on the ca~acitv of the source to 

emit a ~ollutant. includincl air wllution control eaubment and restrictions 

on hours of operation or on the tvpe or amount of material combuskd. 

stored, or processed, is treated as art of its desian if the limitation or the 

effed it would have - on emissions: 

; 

a. Is federallv enforceable: or 

prad~cal matter: and 

2. Secondarv emissions are not counted. 

Delete the remainder of subsxiion (190). 

Page 21 

Section l(197) 

Lines 9-10 

After "or 'PSD Program"", insert the following: 

means a rnaior source preconstruciion prowarn that has been awrova 

bv the U.S. EPA and incornorated into the Kentuckv SIP to implement the 

reauirernents of 40 C.F.R. 51 .I66 or 52.21. 

Delete the remainder of subsection (197). 

Page 21 

Section l(198) 

Line 11 

After "'Projectnm, 

1 

insert the following: 

existina rnaior stationalv source. 

Delete the remainder of subsection (198). 

Page 21 

Section l(199) 

Line 12 

After *"Projected actual emissions'", insert the following: 

means: 

(a) The maximum annual rate, in tons Per vear, at which an existinq 

emissions unit is ~roiected to emit a regulated NSR vollutant in anv one 

yf 

11) of the five (51 vearrs. in a twelve (12) month wriid. followiy the date 

the ten (10) vears followina that .date. if: 

1. The ~roiect involves increasina the emissions unWs desian capacity 

or iis wtential to emit the reaulated NSR pollutant: and 

source: or 

(b) The maximum annual rate, in tons per war, at which an emissions 

unit, before beclinnina actual construction, is pro-iected to emit a regulated 

NSR ~ollutant. if the source: 
data and the companv's own representations of eM)8Cfed and hiahest 

proiected business activity. filings with the cabinet and the U.S. EPA. and 

com~liance plans under the Kentucky SIP; 

b. Includes fuaitive emissions and emissions associated with startups, 

shutdowns, and malfunctions: and 

c. Excludes. in calculatirig any increase in emissions that results from 

a ~roiect, that portion of the unirs emissions followina the ~roiect that an 

existina unit could have accommodated durina the conseartie twentvfour (24) month period used to establish the baseline actual emissions and 

that are also unrelated to the proiect includina any increased utilization 

due to product demand arowth: or 

2. Elects to use the emissions unit's potential to emit. in tons per war, 

instead of usina subparaqra~h 1 of this paraaraph to determine proiected 

actual emissions. 

Delete the remainder of subsection (199). 

Page 22 

Section l(207) 

Line 10 

After ""Regulated NSR pollutant"", insert the following: 

means the followina: 

la) A ~ollutant for which a national ambient air aualitv standard has 

been ~romul~ated and any constituents or precursors for such pollutants 

identified bv the U.S. EPA; 

(b) A pollutant subiect to anv standard promulgated under 42 U.S.C. 

7411: 

(c) A wllutant subiect to a standard promulaated under or established 

; 

bv 42 U.S.C. 7871 to 7671a: or 

subsection (231) of this section. under 42 U.S.C. 7401 to 7671a. ex~e~t 

that anv hazardous air pollutant (HAP) listed in 42 U.S.C. 7412 or added 

to the list Pursuant to 42 U.S.C. 7412tb)(2). that has not been delisted 

pursuant to 42 U.S.C. 7412(b)(3), is not a wulated NSR pollutant unless 

the listed HAP is also reaulated as a constituent or precursor of a aeneral 

pollutant listed under 42 U.S.C. 7408. 

Delete the remainder of subsection (207). 

Page 22 

Section l(208) 

Line 11 

After '"Replacement unit"". insert the following: 

means an emissions unit that does not aenerate creditable emissions 

reductions by shuttina down the existina emissions unit that is replaced, 

and that 
(all. Is a reconstructed unit within the meaning of 40 C.F.R. 

60.15(bMll or that com~letely takes the dace of an existina emi~sbns 

unit; 

2. Is identical to or functionally eauivalent to the replaced emissions 

unit: and 

3. Does not alter the basic desian oarameters of the Drocess unit 

(b) Replaces a unit that: 

1. Is wmanentk removed from the maior stationarv source. is 

otherwise Dermanentlv disabled, or is prohibited from owratina bv a 

permit that is enforceable as a practical matter: and 

2. A brouaht back into operation. is considered a new emissions unit. 

Delete the remainder of subsection (208). 

Page 22 

Section l(209) 

Lines 12 - I3 

After "C.F.R. 51.166(b)(36).", delete the remainder of subsection (209). 

Page 22 

Section l(210) 

Line 14 

After ""Responsible official", insert the following: 

means: 

(a) For a cornoration: a president. secretarv, treasurer. or vicepresident of the corporation in charge of a ~rinci~al business function. or 

other Derson who performs similar policv or decision-makina functions for 

the corporation, or a duly-authorized renresentatiie of that Derson if the 

reDresentative is resoonsible for the overall ooeration of one (1) or more 

manufacturinu. ~roduction. or operatinu facilities a~~Mna for or subiect to 

a permit: and 

1. The facilities emplov more than 250 wrsans or have aross annual 

sales or exDenditures exceeding $25.000.000 in second auarter 1980 

dollars: or 

2. The deleaation of authoritv to the rewesentative is a~proved in 

advance bv the cabinet pursuant to this subsection; 

(bl For a partnership or sole proprietor~hi~. a aeneral ~artIIer or the 

pro~rietor, res~ectively; 

[cl For a municioalitv. state, federal. or other pubtic aaencv. a ~rinci~al 

executive officer or rankina elected official. The ~rinci~al executive officer 

of a federal aaencv indudes the chief executive officer having 

res~onsibilitv for the overall operation of a ~rinci~al aewra~h ic unit of tk 

aaencv: or 

(dl For the acid rain portion of a termit for an affected source. th& 

desinnated re~resentative. 

Delete the remainder of subsection (210). 
Page 22 

Section l(211) 

Line 15 

After wRun"", insert the following: 

limits of aood enaineerina ~ractice. when an emission samale is collected. 

Delete the remainder of subsection (21 1). 

Page 22 

Section l(214) 

Line 18 

After '"Secondary emissions"", insert the following: 

means emissions that: 

la1 Occur as a result of the construction or operation of a maior 

stationaw source or maior modification, and do not come from the maior 

stationarv source or maior modification itself; 

tbl Are specific, well defined. auantifiable, and impact the same 

general area as the stationaw source modification that causes the 

~econdarv emissions; 

(d Include emissions from an offsite suaaort facilitv that would not 

otherwise be constructed or increase its emissions as a result of the 

construction or o~eratiin of the rnaior stationaw source or maior 

i

modification: and 

includina emissions from the bil~i~ of a motor vehicle. a train. or vessel. 

Delete the remainder of subsection (214). 

Page 23 

Section l(218) 

Lines 5 - 7 

After "Signifmnt"", insert the following: 

means: 

(al For 401 KAR 51:017, in reference to a net emissions increase or 

the potential of a source to emit any of the ~ollutants listed in the following 

table, a rate of emissions that would eaual or exceed a corres~ondinu rate 

listed in the table: 

POLLUTANT EMISSIONS 

RATE 

Carbon monoxide 100 tons ~er year 
Particulate matter 

CI 

4 fbl For 401 KAR 51:017. in reference to a net emissions increase or 

in the table in ~araclraoh fa1 of this subsection, anv emissians rabe; 

(c) For 401 KAR 51:017. in reference to an emissions rate or a net 

err 

modification, that is to be construhd within ten (10) kilometers of a Class 
I area. an im~act on that area eaual to or areater than one (1) uafm3 over 

a twentv-four (24) hour averaae; 

(dl For 401 KAR 51:052. in reference to a net emissions increase or 

on 

table, a rate of emissions that would equal or exceed a corresDMxlina rate 

(el For 401 KAR 51:052, with the exmtion of the sianificant 

emissions rate for ozone in this subsection. sianificant means. in reference 

to an emissions increase or net emissions increase, a rate of emissions 

!hat exceeds the followina: 

1. Twentv-fwe (25) tons per year of volatile omanic compounds or 

nitmen oxides in a serious or severe ozone nonattainment area: or 

2. Any increase in actual emissions of volatile oraanic com~ounds or 

nitroeren oxides in an extreme ozone nonattainment area: or 

rate for carbon monoxide in this subsection. significant means. in 

Zf 

emissions of carbon monoxide that eauals or exceeds fm (50) tons per 

year in a serious nonattainment area for carbon monoxide in which a 

stationaw source contributes sianificantlv to carbon monoxide levels. 

Delete the remainder of subsect'ion (218). 

Page 23 

Section l(219) 

Lines 8 - 10 

After ""Significant emissions increasen", insert the following: 

means, for a regulated NSR ~ollutant. an increase in emissions that is 

equal to or areater than the emission level that is siclnificant for that 

pollutant 

Delete the remainder of subsection (219). 

Page 23 

Section l(220) 

Lines 11 - 13 

After "'Significant emissions unit"", insert the following: 
means an emissions unit that emits or has the potential to emit a PAL 

12ohtant in an amount eaual to or greater than the a~~licable sianlfiint 

level as defined in subs&on (218) of this sedion or in 42 U.S.C. 7401 to 

hat would aualifv the unit as a maior emissions unit. 

Delete the remainder of subsection (220). 

Page 23 

Section l(221) 

Lines 14 - 16 

After "Small emissions unit"", insert the following: 

means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the PAL ~ollutant's a~~li~able sianifiant 

level as defined in subsection (218) of this section: or in 42 U.S.C. 7401 to 

76719, whichever is lower. 

Delete the remainder of subsection (221). 

Page 24 

Section 1 (227)(a) 

Line 6 

After "in. of Hg)", insert "&, 

Delete the period. 

Page 24 

Section l(230) 

Line 12 

After ""Stationary source^", insert the following: 

means a buildina, structure. facility. or installation that emits or has the 

Potential to emit a reaulated NSR ~ollutant. 

Delete the remainder of subsection (230). 

Page 24 

Section l(231) 

Lines 13 - I4 

After "C.F.R. 51.166(b)(48)", delete the following: 

"for the PSD and NSR programs". 

Page 24 

Section l(235) 

Line 20 

After "or "tonnagenn, insert a comma. 

After "NOx budget source", insert the following: 

means a short ton or 2.000 ~ounds. For deterrninina corn~liance with the 

1 

NOx budaet emissions limitation, total tons for a control Period is 
C.F.R. Part 96, Sub~art H with anv remainino fraction of a ton eaual to or 

ga n and any fraction of a 

ton less than 0.50 ton deemed to eaual zero tons. 

Delete the remainder of subsection (235). 

Page 24 

Section l(236) 

Line 21 

After "or "TSP"", insert the following: 

mw 

C.F.R. Part 50. AP~endix B. 

Delete the remainder of subsection (236). 

Page 25 

Section l(240) 

Line 4 

After ""Unit"", insert the following: 

means a fossil fuel-fired stationarv boiler, combustion turbine, or combined 

cvde system. 

Delete the remainder of subsection (240). 

Page 80 

Section 2 

Line I 

After "(AT, insert the following: 

"North American lndustrv Classification Svstem". 2007. as ~ublished by 

the Office of Manaaement and Budaet is incornorated bv reference. 

Line 4 12) 

Insert "w. 

Delete '(2)". 

Page 80 

Section 2(2)(e) 

Lines 15 and 16 

After "Regional Office,", insert the following: 

200 Fair Oaks Lane. Third Floor. Frankfort. Kentuckv 40801. (502) 564- 

3358: 

Delete the remainder of paragraph (e). 

Page 81 

Section 2 

Line 3 

Insert "m. 

Delete *(3)"- 
401 KAR 52:001. Definitions for 401 KAR Chapter 52. 

Page 1 

NECESSITY, FUNCTION, AND CONFORMITY 

Lines I1 and 12 

After "of air pollution.", deiete the following: 

There is no federal mandate for this administrative reguiation. 

Page I 

Section I 

Line 16 

After "Definitions", 

0 

insert the following: 

governed bv 40 C.F.R. Parts 50 throuah 96, effective Julv 1,2010. 

Page 2 

Section l(3) 

Line 1 

After "Actual emissions"", insert the following: 

means the auantitv of an air ~ollutanthat is phvsicallv emitted into the 

jlmbient air durina a specifed time period. 

Delete the remainder of subsection (3). 

Page 2 

Section l(11) 

Line 17 

After "device", insert a comma. 

Page 3 

Section l(13) 

Line 3 

After "Ambient air"", insert the following: 

means that ort ti on of the atmosphere. external to buildinas, to which the 

general ~ublic has access. 

Delete the remainder of subsection (13). 

Page 3 

Section l(20) 

Line 21 

After "installation", insert a comma. 

Page 6 

Section l(32) 

Line 8 - 9 

After ""Equivalent methodm', insert the following: 
means a method of sam~lina and analvzina for an air cdlutant ht has 

been demonstrated to the cabinet and the U.S. EPA oursuant to 40 C.F.R. 

53.3 to have a consistent and auantiiativelv known relationshio to the 

reference method, under swcified conditions. 

Delete the remainder of subsection (32). 

Page 6 

Section I (34)tb) 

Lines 22 - 23 

After "issued pursuant to", insert the following: 

an a~~licable administrative reaulatiin in 401 KAR Cha~ters 50 to 65 

Delete "administrative regulationss 

Page 9 

Section I(#) 

Lines 22 - 23 

After ""Major source", insert the following: 

means a stationary source or a aroup of stationarv sources that emits or 

bas a potential to emit a pollutant that is subiect to reaulation at or above a 

maior source threshold and: 

(a) For HAPs: 

1. Is located within a contiauous area; 

2. Is under common control; 

3. Includes all fugitive HAP emissions in determining if the source is 

maior: and 

4. Even if the units are in a contiauous area under common control, 

emissions are not aaareaated with emissions from other similar unit3 to 

determine maior source status for: 

a. Oil or aas exoloration or production wells and the associated 

eauipment: or 

b. Pi~eline cornoressors or pumo stations: and 

(b) For reaulated air pollutants other than HAPs: 

1. Is located on one (1) or more conti~uous or adiacent propertiesL 

2. Is under common control; 

3. Belonqs to a sinale maiot industrial qrouoina where all of the 

pollutant emitting activities belona to the same maior arour, (i.e.. all have 

the same two (21 dipit code) as described in the 1987 Standard Industrial 

1 

Classification (SIC1 Manual: and 

maior if it beloncls to a cateaorv listed in this clause: 

a. Coal deanina plants (with thermal drversl; 

b. Kraft oul~ mills; 

c. Portland cement plants; 

d. Primarv zinc smelters; 

e. Iron and steel milk; 

f. Primaw aluminum ore reduction ~lants; 
fa. Primaw comer smelters; 

h. Municipal incinerators capable of charaina more than 250 kw6 of 

refuse per dav; 

i. Hwlrofluoric, sulfuric. or nitric acid plants; 

i. Petroleum refineries; 

k. Lime ~lants; 

I. Phosphate rock processina plants; 

m. Coke oven batteries; 

n. Sulfur recoven, ~lants; 

o. Carbon black olants (furnace urocessk 

o. Primary lead smelters; 

a. Fuel conversion ulants; 

r. Sinterincl plants; 

s. Secondarv metal production plants; 

; 

t. Chemical Drocess plants; 

million BTU uer hour heat input; 

more than 300,000 barrels; 

w. Taconite ore orocessina plants; 

x. Glass fiber ~rocessina ulants; 

v. Charcoal omduction ~lants; 

z. Fossil-fuel-fired steam electric ~lants of more than 250 million BTU 

per hour of heat input: or 

aa. All other stationaw source cateaories subiact to a standard 

promulaated pursuant to 42 U.S.,C. 741 1 or 42 U.S.C. 7412 and for which 

the U.S. EPA has made an affirmative determination pursuant to 

U.S.C. 7602(i). 

Delete the remainder of subsection (45). 

Page 12 

Section 1 (46)(a)3. 

Line 10 

After 'in a final rulemaking:", delete 'of. 

Page 12 

Section 1 (46)(b)& 

Line 23 

After "classified as serious", insert the following: 

:r 

(c) A wantitv established bv the U.S. EPA in a final rulemakina for a 

pollutant that is subiect to reaulation 

Page 13 

Section l(47) 

Line 1 
After wMalfunctionn", insert the following: 

means a sudden and infrequent failure of air aallutim control mui~ment, 

process wuioment. or a Process to operate in a normal or usual manner 

that is not caused entirelv or in part bv Door maintenance. careless 

ooeration. or other upset condition or equi~ment breakdown that could 

have been reasonably wevented. 

Delete the remainder of subsection (47). 

Page 13 

Sectfon l(51) 

Lines I4 - 16 

After "(51 )", delete '(a)". 

After "'Modifition"", insert the following: 

means anv ohvsical chanae in, or a chanae in the method of o~eration of. 

an affected facility that: 

la) Increases the amount of any regulated air ~ollutant emitted into the 

atmosohere bv that facilitv, or that results in the emission of anv reuulated 

agi 

(bl Is not solelv: 

1. Maintenance, repair. and re~lacement that the cabinet determines 

to be routine for a source cateaorv cansiderina available information; 

2. An increase in production rate of an affected facilitv. if that increase 

can be accomolished without a capital expenditure on that facilitr, 

3. An increase in the hours of operation: 

4. Use of an alternative fuel or raw material if. prior to the date a 

standard becomes aovlicable to that source Woe, the affected fWilihr was 

desianed to accommodate that alternative use. A facility shall be 

considered to be desicrned to accommodate an alternative fuel or raw 

material if that use could be accomolished under the facilivs construction 

specifications as amended orior to the chanae; 

5. Conversion to coal reauired for enemv considerations. as s~ecifiC3d 

in 42 U.S.C. 741 1 faM81; 

6. The addition or use of a svstem or device the orimarv function of 

which is the reduction of air oollutants, except if an emission control 

svstem is removed or is replaced by a svstem that the cabinet determines 

to be less environrnentallv beneficial: or 

7. The relocation or chanae in owners hi^ of a source. 

Delete the remainder of subsection (51). 

Page 14 

Section 1 (53) 

Line 19 

After *"Opacity"", insert the following: 

means the dearee to which emissions reduce the transmission of lhht and 

obscure the view of an obiect in the backaround. 

Delete the remainder of subsection (53). 
Page 14 

Section I(=) 

Line 21 

After "uOwner or operator"", insert the following: 

means a person who owns. leases, ooerates. controls. M supenrises an 

Delete the remainder of subsection (54). 

Page 15 

Section 1(56)(b) 

Line 10 

After "(b)", insert 

Delete the following: 

This definition does not alter or affect the use 

Line I I 

Affer "the Act or", insert "fff. 

Affer 'Acid Rain Program", insert 'is not altered". 

Page 16 

Section 1 (60){e) 

Line 10 

After "42 U.S.C. 741 I;", insert "e~". 

Page 16 

Section l(62) 

Line I5 

After "Responsible official"", insert the following: 

means: 

(a) For a comoration: a president. secretarv. treasurer. or vicepresident of the cornoration in charae of a ~rincioal business function. or 

other Derson who performs similar policv or decision-makina functions for 

the comoration. or a dulv authorized re~resentative of that Derson if the 

representative is res~onsible for the overall operation of one (1) or more 

manufacturina. produdion. or ooeratina faciliies ap~lvina for or subiect to 

a oermit; and 

1. The faciliies emolov more than 250 @rsons or have aross annual 

sales or expenditures exceedina $25,000,000 Iin second auarter 1980 

1 

dollars): or 

cabinet in advance oursuant to this subsection; 

(b) For a ~artnership or sole proprietors hi^. a aeneral oartner or the 

pro~rietor. res~ectivelv; 

(d For a municiwlity. state. federal, or other ~ublic aaencv. a ~rinci~al 

executive officer or rankina elected official. For this administrative 

reaulation. the ~rinci~al executive officer of a federal aaencv indudes the 
chief executive officer havina res~onsibilitv for the overall o~eration of 3 

princi~al CIeOaraDhic unit of the aaencv (e-n.. a regional administrator of 

the U.S. €PA): or 

(dl For the acid rain wrtion of a aermit for an affected source. the 

Delete the remainder of subsection (62). 

Page 18 

Section l(71) 

Line 12 

After "regulated air pollutantn, insert the following: 

or an air pollutant subied to reciulation pursuant to 40 C.F.R. 70.2 

Page 18 

Section l(75) 

Lines 20 - 21 

Ailer 'or "TSP"", insert the following: 

means particulate matter as measured bv the method described in 4Q 

C.F.R. Part 50. Appendix B. 

Delete the remainder of subsection (75). 

Page 19 

Section l(79) 

Line 6 

After "gears, or axles". insert Wth. 

Delete "whichn. 
FILED WtTH LRC 

TIME: 11~ M 

OCT 1 5 2010 

1 ENERGY AND ENVIRONMENT CABINET 

2 Department for Environmental Protection 

3 Division for Air Quality 

4 (Amended After Comments) 

5 - 401 KAR 5l:OOl. Definitions for 401 KAR Chapter 51. 

6 RELATES TO: KRS 48.010(15)(a), 224.01-010, 224.20-100, 224.20-11 0, 224.20- 

7 120, 40 C.F.R. Chapter 1, 50 Appendices A-R, 51.100[@], 51.121, 51.165, 51.166, 51 

. 8 Appendix S, 52.920, 53,60,60 Appendices A, B, 61,61 Appendix B, 63 Appendices A9 D,70.2,75,82,96,42U.S.C.7401-7671q[+0-WXM%] 

I0 STATUTORY AUTHORITY: KRS 224.10-IOO(5) 

I I NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100m requires the 

12 cabinet to promulgate administrative regulations for the prevention, abatement, and 

13 control of air pollution. [EC? 2- ?2, -2 End!# -- 

14 -1 This administrative regulation defines the terms used in 401 

15 KAR Chapter 51. The definitions contained in this administrative regulation are neither 

16 more stringent nor otherwise different than the corresponding federal definitions. 

17 Section I. Definitions. The definiti~ns with c~Wns tothe Code of Federa . . I . 18 Rea u I at i ons s h a l I be awe-bv 50 throuah 96. effective J_rrlr& 

19 2910. 

20 (1) "Acid rain emissions limitation" means a limitation on emissions of SOZ..or NOX 

21 im~osed bv the Acid Rain Proaram under 42 U.S.C. 7651 to 76510. -- 

1 
1 12) "Actual emissions": 

- 2 la))g f u lated NSR ~ollutant from ;an 

3 emissions unit as determined accordina to the followinq; 

4 1. Actual emissions as of a particular d&e eauals the averam. in tons per 

5 year. at which the unit actually emitted fie oollm durinq a consecutive twenk 

6 four (241 month ~eriod. that orecedes that date aod is r 

7 source operation. unless a different tja ~enod IS more regresentative of norma 

-. I 

8 source ooeration; and 

9 2. The kni ' _tsactualthours.on rates, and QD~S ofmaterials 

10 processed, stored. or combusted during the selected time periods are used to 

11 ~alculate actual emissim 

12 4b) Means sou rce-srjec ific allo wable em~ssions . . for the unit are edvalent to 

13 actual emissions of the unit if the cabinet has made an eauivalencv determination 

14 gursuan -, 

15 Jc! Means, for an emissions unit that has not be-I o~erations on a 

16 particular date. the potential to emit of the unit on that date; am! 

17 Id! Does not mean: 

18 I. Calculatina if a sianificant em~ss~ons increase has occurred: or . . 

19 2. Estabhshrng a . . PA L under 401 KAR 51:017. Section 2Q, , - 

2 1 (3) "Aduals PAL" or "PAC' means a plant-wide apglicab~l~tv esst;alrlisbed for .. . . . 22 a major stationarv source based on the baseline actual emissions of all 

23 emissions units at the source that emit or have the ~ofentid to emit the PAb 
I pollutant, [[I .. . . 

2 (41 "Adverse impact on visibilitv" is defined by 40 C.F.R. 51.301. 

3 (51 "Affected facility" means an aoparatus, build in^. operation, road, or other entity 

4 or series of entities that emits or mav emit an air contaminant into the outdoor 

5 atmosphere. 

6 (61 "Air contaminant" is defined bv KRS 224.01-OIO(1). 

7 (7) "Air pollutant" means air contaminant. 

8 (81 "Air pollution" is defined bv KRS 224.01-01013). 

9 (9) "Air oollution control equipment" means a mechanism, device, or contrivance 

10 used to control or prevent air pollution, that is not, aside from air ~ollution control laws 

11 and administrative requlations, vital to production of the normal product of the source or 

12 to its normal operation. 

13 (10) "Allocate" or "allocation" means the umber of NOx allowances to be 

14 credited to a NOx budget un~t r-1 . . . . .. 

15 (1 1) "Allocation period" means each three (3) vear period beainnina May 1, 2004. 

16 (12) "Allowable emissions" means: 

17 la! The emissions rate-aw source calculated using the maximum 

18 rated cagacitv of the source, unless the source is subiect to federally enforceable 

19 limits t-h t the 0beratingI;ate. hours of oberation, or both. and the most 

20 stringent of the followin% 

2 1 1. The applicable standards codified in 40 C.F.R. Parts 60 and 61; 

22 2. T h e a~elicable SIP emissions I~m~tat~ons, .. . 

23 compliance date or 
h i- . . 

including those with a future comt>lianUe: or 

Ps-tmwm r n I P h i 

considerina anv e&& r 

theemissionsunit's ~otential to emit, and the most strinqent provision of 

garaaraoh fall. throuah 3. of this subsection, ri-.)_4~ r ...... c n m "I. 

P w.. cn .... V.. *I -1 .. 

(1 3) "Alteration" means: 

(a) The installation or re~lacement of air uollution control equipment at a source; or 

(b) A ~hvsical channe in or chanqe in the method of operation of an affected facilitv 

that increases the potential to emit a pollutant, to which a standard applies, emitted by 

the facilitv or that results in the emission of an air pollutant, to which a standard applies, 

not ~reviouslv emitted. 

(141 "Alternative method" is defined bv 40 C.F.R. 60.2. For Purposes of this 

definition, "administrator" means both the U.S. EPA and the cabinet. 

(151 "Ambient air" means that portion of the atmosghere. external to bulldm . . 

to which theaeneralaccesess, 1-1 .... 

(161 "Ambient air qualitv standard" means a numerical expression of a specified 

concentration level for a particular air contaminant and the time averaqinq interval over 

which that concentration level is measured and is a qoal to be achieved in a stated time 

throuah the application of appropriate preventive or control measures. 

(17) "ANSI" means American National Standards Institute. 
(181 "AOAC" means Association of Official Analvtical Chemists. 

(19) "ASTM means American Societv for Testinq and Materials. 

. . (20) "Baseline actual emissions" means the rate of emissions, in tons Der vea& 

of a reaulated NSR oollutant, that: 

la1 F o r an existina electric ut ili & stamgenerat ina unit (EUSGU, the unit 

actuallv emitted durina anv consecutive twenty-four (241 month oeriod selected 

buthe owner o oue ato ~t . . r r r w' hin the five (5) vear ~erlod 1rnmeW-e 

date t he owner or operator beains actual construdion o f the oroject. unless a 

different twentv-four (241 hour time gaod isae~resentative of normal 

source operat~on. 

a. Include-e . . missions. to the extent auatMiable. and emissions 

assoc~ated with startuos. shutdo wns, and ma Ifunctions; 

. . b. Is adjusted do wnwardnexcludeanvlons that 

OCCU whilesource was opera#n&ove an emission I-? .. . med 

Jegally enforc eammf I 'n h . 

c. Is based on anv consecutive twentv-four !24! mo-e 

IS S 'on rmi i aannualemiss-d 

for adiust ina this amomt.asa?ccordinaUwe b of th is 

pboaraaragh: and 

. . 2. If a proiect involves multiple emlssl0nunits.v~~ 

iod is used to determine the baseline actual emsslons . . !wen@-four (241 month oer 

for the em issions units being chanaed with a different consecut ive twenty-four 
j241 month period allowed for each rewed NSR ~olluta& 

(b! For an e . . xistma emissions unit that is not an FUSGU. the unit actua I I y 

emitted durina any consecutive twenty-four (24) month geriod selected bv the 

. . .I O! vea . . owner or oberator w~thin the ten ( r period hew-r 

15. 1990. and immediately precedin a the earlier of the _date the owner or owratsr: 

begins actual construction of the ~roiect or the date a complete permit 

aaplication is received bv the cabinet for a aermit reauired under 401 KAR 51:017 

or 51 :052. 

1. The rate is an average that: 

a c udes fuaitive em ss o s. to the extent a~antifiable~~tgissions . . . In I i in 

associated with startu~s. shutdowns. and malfunctions; 

b. Is adiusted downward; 

&e . . xcl 

wasot>eratlna abo . . .. . ve an emission limitat~on that was legallv enforceable during 

$he consecutive twentv-four (34) month oeriod; 

fiil To exclude anv emisws that would have exceeded an emlssion . . . . 

limitation with which the maior s- source is reauired currentlv to comoly, 

if the sou WIV with the Imitations dma the .. . rce had been reaurred to c 

C cd 

For an emission I imitation that is art of a In;ixirrmm achievable cont rol 

s reductions in an 

attainmenttent with 40 C.F.R= 
51.165fa~G!; and .. 

c. Is based on anv consecu8ve hen&-four (241 month period for which there 

IS adeu uateinformationfordeterminin q-ee nI i 

for ad iusting this amountasse r in b of th is 

subaaraaraoh. 

. . Iftiole 2 r inv emlsslons units. onlv one (1) consecutive 

Wentv-four 1241 month aeriod is used for each redated NSR pollutant to 

deterrn . . ine the baseline act~emissionsah!eA. i 

with a different consecutive twentyfour L2 4) month oeriod; 

fc) Fo . . r a new emissions unit. eayals zero for determlnl-s 

. .. increase that will result from the lnlt~al construction and oaerafion of the new unit 

and thereafter. for all other oumoses, equals the umt s ~ote - I ntial to em 

fdl For :QIIOWS

L r i 

1. Fr o a n existina EUSGU. in accordance with the orocedures contained! 

garaa raah I .a\ of this subsection; 

2 . For other existina emissions unb. in a~ece wi.tb the ~tmedures 

containe din-aaranh Ibl of this subsect ion: and 

. . 3.unat. issi ~n accordance with the orocedures contmed In 

paraqragh fc) of th~subsect~on. 

(21) "Baseline area" means an intrastate area and evew part of that area 

&sicmated as attainment or unclassifiableor whichsource [iii) in ior o r malor rnocbfication es tablishinmr 

source baseline datwoulde an air airualitv im~act eaual to 

7 
or areater than one (11 yalm"nual averaae of the oollutant_for which the minor 

(a) A rea redes ignation s-der n 2 i' 4U.S.C. o r fob.) do not intersect . . 

and are not sma Her than the area of im~act of a maior stati.f 

modification that 

ma minor source baseline date: or 

md . I b ' be const ructed ~n the 

Commonwealth of Kentucky. 

(b! A baseline area established oriainallv for tofal susbended barticulate 

4TSP)increments remains in effect to determine the amount of available PMB . increments. unless the cabinet rescinds the corresbo~or source baselh 

g&&[-PEm T.. =-'-l€WMa=1 u.. 

(22) "Baseline concentration" means the ambient concentration level that exists 

ine in area on the date the awl i cable minor source baseline date is 

established. rrl .. . . 

(23) "Baseline date" means rnaior source baseline date or minor source baseline 

date and is established for each pollutant for which increments or other eauivalent 

measures have been established if the area in which the proposed source or 

modification would construct is desianated as attainment or unclassifiable ~ursuanto 

42 U.S.C. 7407(dNl)(A)(ii) or (iii) for the pollutant on the date of the source's complete 

a~~lication: and 

(a) For a maior stationarv source, the pollutant would be emitted in siqnificant 

amounts; or 
(b) For a maior modification, there would be a siqnificant net emissions increase of 

the pollutant. 

(24) "Benin actual construction" means; 

:tructactivities on an emlsslons un . . ical on4 it 

that are of a pe rmanent nat w-uincludeinstallatian-!orts n and . . 

foundations. laving underaround pipe wark. and constructiorl of permanen1 

storage structures: and 

(b) For a change in method of operations. those on-site activities, other tfli3.D 

the D . .. reparatory activities, that mark the ~n~t~al ion of the chanae. L- 

. . .. - (25)mavailablecontrol an ermsmdm&temlsslonson, 

J 'n clud in a a visible emissioutandard. based on the mamf 

reduction for each reaulated NSR uoliutant that will be emitted from a ur~posed 

maior stationary source or Wr modificafion and: 

la) Is dete rmined bv the cabinet aursuant to 401 KA R 51:017: Se~tion 8. after 

. * tamto account enerav. environmet&d,~am~c rrnpacts and other 

. . costs, to be achievable bv the source or modification th-p~llcatlon of 

product io Items. r 1 and tec 

fuel cleanina or treatment or innovative fuel combustion techniques for control of 

fhat pollutant; d 

fb) Does . . n emlsslons of a poll-e 

emissions allowed bv an apu licable sta ndard dd 

w 
lechnological or economic limitations on the apnllcatlon of measurement . . 

methodoloq_v to a particular emlss . - . . ~ons unit would make the mnostt~on of an 

-q i in 

2.-dard establishes the emlsstons reduction a&iev&Ie bv . . 

-ionofthe, i eaui~ment. work oractice, or operation: and 

3. The standard Drovides for com~liance bv means that achieve eauivalent 

results. l- .. .. .. -1 . 

(261 "BOD" means biochemical oxidant demand. 

f@ 27 "Boiler" 

used to pro-to transfer heat to recirculathqwater.m. or other 

medium. r-1 .. . .. 

(28) "BTU" means British thermal unit. 

(29) "Buildina, structure, faciiitv, or installation" meansall_oft emitting 

activities that: 

fa Ie-aa& B I h i 

marordard r Industrial ClassificatioManual: 

(b) Are located o n o n e (11 or more contiauous or adiacent orooert~es; 

Ge ~e=on Dersonsunder.common 

control: and 

-1- 1. .. . 
(30) "C" means deqree Celsius (centbradel. 

(31) "Cabinet" is defined bv KRS 224.01-010(91. 

(32) "Cal" means calorie. 

(33) "Capital expenditure" is defined bv 40 C.F.R. 60.2. 

(341 "dm" means cubic feet Der minute. 

(35) "CHC means methane. 

(36) "Clean coal technoloav" is defined bv 40 C.F.R. 51.166(b)(33). 

(37) "Clean coal technoloav demonstration ~roiect" is defined bv 40 C.F.R. 

51.166(b)(34). 

138) "Clinker" means the product of a portland cement kiln from which finished 

cement is manufactured bv millina and qrindinq. 

(39) "CO" means carbon monoxide. 

(40) "CO2m means carbon dioxide. 

(41) "COD means chemical oxidant demand. 

(42)"Combined cycle system" means a svstem comorised of one (1) or more 

combustion tur hmes. ' heat recoverv steam aenerators. or steam turbines 

~Zfiauedtocv n r of electricitv aeneration or stem 

P"'d~~t10n, r-1 .. . .. 

(43) "Combustion turbine" means an enclosn 

the tur b in e. rotatina the turbine r- . C . . " . . .964-1 . . 

11 
(44) "Commence" means that an owner or o~erato~ 

%~as.undertakenam of construction, modification. or 

reconstruction of an affected facilitv. or that an owner or operator bas entered 

rnto a contractual obligation to undertake and complete. within a reasonable time, 

a co ntinuous program of construction. mod ification. or reconstruction of an 

affected facilitv: or 

(bl Fo . . r construction of a maior stationarv source or maior modificat~on in the 

PSD or NS R program. has al I necessary grecoustruction wp rovals or berm 

I. Has begu n! or caused to begin, a continuous Droaram of actua I on-site 

ion of the sou . . ~onstruct rce. to be completed w~thm a reasonable time: or 

2. Has e ntere dIb-~lalAm&-M 'n i ' 

. . 

be cancelled or modified without substantial loss to the owner or o~erator. t~ 

undertake a Droaram of actual construction of the source to be com~leted wW 

a reasonable time, I: 

(45) "Commence commercial operation" mean&&we- to orodum steam, 

aas. or other heated medium used to aenerate electricitlr for sale or use. ExceQf 
a s-or V' 40 C.F.R. 96.5: 

la) For a unit that is a NOx budaet unit under 40 C.F.R. 96.4, on the date the 

uus date o . I f 

~ommenceme if the unit IS s&-y . - nt of commercial ogerat~on even 

modified. reconstructed, or re~owered: or 

munit that is not a NOx budget unit undethe unit co- ion, the _date the unit becomes a NOx 

budaet unit under 40 C.F.R. 96.4 is the unlts date of commence -1 ment of 

commercial operation. "1 .. . .. 

(46)"~ommenceoDeration" unit. to have beam a 

m echa ni ca I . chemical. or electronic ~rocess. includinaStart-up of a unlts .I 

co mbustionc hamber.rovided in 401 KAR 51:195 or 40 C.F.R. 96.5: 

(a) F .ora-t-w 

commencement of operation. the date remains the unit'sencemml 

of ooe ration even if the unit is subseauentlv modified, recons - 

mowered; or 

(b! For a uw that is not a NOx budaet un t under 40 C.F.R. 96.4 on the d3fe.d 

commencement of oeeration. the date the unit becomes a NOx M40 C.F.R. 96.4 is the unrt s date of commencement of o~eraticm rw 

7

. 1 

(48) "Compliance schedule" means a time schedule of remedial measures including 

an enforceable seauence of actions or operations leadina to com~liance with a limitation 
or standard. 

(49) "Compliance sup~lement oool" means the auantitv of NOx allowances provided 

to Kentuckv bv the US. EPA to be: 

(a) Allocated to NOx budqet units that achiebe earlv reduction: or 

(b) Used to assist NOx budqet sources that are unable to meet the compliance 

deadline as orovided in 401 KAR 51:180, Section 5. 

(501 "Construction" means: 
theeau~mentreauiredtoaampanal~. i measure. and twovide. bv readinqs 

h 1 a I 

g + rman n r fN 

followina slrstemsasarv component ~arts. as reauired bv 40 C.F.R. Part 

75. included .in a continuou semissionsrina svstem: 

fa) Flow monitor; 

!b) NOx pollutant concentration monltor, . 

Icl Diluent gas monitor (0, or CO& - 

id) Continuous moisture monitor: and 

!el Automated da ta acquisition and handlina svstem. I- .. . 

%24 

(53) "Continuous emissions rate monitorinn system" or "CERMS" is defined bv 40 

C.F.R. 51.166(b)(46). 

(54) "Continuous monitorins svstem" means the total equipment, reauired under the 

applicable administrative requlations in 401 KAR Chapters 50 to 65. used to sample, to 

condition (if applicable), to analyze, and to provide a permanent record of emissions or 

process Darameters. 

(551 "Continuous parameter monitorina svstem" or "CPMS is defined bv: 

(a1 40 C.F.R. 51.166(b)(451 for 401 KAR 51:017; or 

tb) 40 C.F.R. 51.165~a)(l)(xxxiii) for401 KAR 51:052. 

(56) "Control ~eriod" rn-md beai-av I of a vear and endina on 

~e~tember,r-=~ r .. .. . -1 . . 

(57) "Director" means Director of the Division for Air QuaW of the Eneruv and 

15 
Environment Cabinet. 

(58) "District" is defined bv KRS 224.Ol-OlO(ll). 

(59) "dscf' means drv cubic feet at standard conditions. 

(601 "dscm" means dw cubic meter at standard conditions. 

4611 "Electric seneratinq unit" means, for 401 KAR 51:160 to 51.195, a fossil fuelfired boiler, combustion turbine, or a combined cvcle svstem used to senerate hventvfive (25) megawatts or more of electricitv, some of which is offered for sale. 

(62) "Electric utility steam senerating unit" or "EUSGU is defined bv 40 C.F.R. 

51.166(b)(30). 

(63) "Emission standard" means that numerical limit that fixes the amount of an air 

contaminant or air contaminants that mav be vented into the atmosphere from an 

affected facilitv or from air pollution control equipment installed in an affected facilitv. 

i 64 "Emissions unit" means any gart of a statiooarv source. includina aQ 

FUSGU, that emits or has the ~otential to emit a reaulated NSR pollutmt. For 402 

were K a 2) types of emlsslons unk . . re two f 

la! A new emissions unit. which is anv emlsslons unit that is or w -. ill be newlv 

constructed and that has exated for less tb two (2) years from the cble the crnif 

first o~erated: and 

ib) An existin g emlss i ons unit. wh~ch ISanv em~ss~ons unit that does not meet . . . . 

fhe requirements in oaraara~h la) of this subsection or is a replacement unit, 
(65) "Enforceable as a wractical matter" means that the emission or other standards 

contained in a wermit or comwliance schedule include: 

(a) Technically accurate emission standards and the portions of the source that are 

subiect to the standards; 

(b) A time weriod adequate to demonstrate compliance with the standards; and 

(c) The method the source shall use to achieve and demonstrate compliance with 

the limitations and standards, includina a~~ropriate monitorina. recordkeewina, and 

reportinq. 

sg ns a m lina and analy ing fo r an alr 

pollutant that has been demonstrated to the cabinet and the U.S. EPA aursuant ta 

40 C.F.R. 53.3 to -04s istent and auaotitativelv known relationsh in tP the 

reference method. under s~ec if~d cond~t~ons. [- .. ., " ..6&&F-w . . -. 

C Em .V. h 

4%?bheLl 

(67) "Excess NOx emissions" means anv to nnaae of nitroaen oxides emitted by 

a NOx budget unit during a control Der od that exceeds the NOx budaet 

si' me uniunit 1- C.F.!?. -1 

(681 "Exemwt compound" or "exempt solvent" means an oruanic cornwound listed in 

the definition of volatile oraanic com~ound as not participatinu in atmospheric 

photochemical reactions. 

(69) "Existinq source" means a source that is not a new source. 

(70) "Extreme nonattainment counN' or "extreme nonattainment area" means a 

countv or wortion of a countv desiqnated extreme nonattainment for the national 
ambient air qualitv standard for ozone. 

(71) "OF" means dearee Fahrenheit. 

(72) "Federal land manaqer" is defined bv 40 C.F.R. 51.166(bN24). 

(731 "Federallv enforceable" mans all limitations and conditions that are 

enforce 

la! Reauirernents developed under 40 C.F.R. Parts 60 and 61; 

lb! Reauirernents in the Kentucky State lmlernentation Plan (SIP) approved 

bv the US. EPA: and 

.Ic) Anv errn nit reauirements established under 40 C.F.R. 52.21 or under the 

Kentucky SIP a~proved Dursuant to 40 C.F.R. Part 51! Subpart I, including 

g~erating perm its issued under an EPA-ap~roved gxci-ated into t he 

SIP. that exgresslv reauires adherence to a permlt issued under the mom ' 

Enr . . 

I 

(741 "Federallvl-1 enforceable ~ermit" means a wrmit issued under 401 KAR 

52:020 or 52:030, as a~~roariate. 

(75) "Fixed ca~ital cost" means the caoital needed to provide all the de~reciable 

comtlonents.r-=n-l .. .... . 

(76) "Fossil fuel" mea ns natural aas;getroleum: coal: or a form of sohd. Iiau~d, . .. 

or gaseous r ' rom natural as. petroleum. or coaL r- 

(77) "Fossil fuel fired" means- 

(alThecombustion.of nother fue . . I. if 
7 the date durina the vear the uni -rq f~ssil fuel, 

8 C=m .. .. .. 9f%?-1 . . 

9 (78) "ft" means feet or foot. 

10 (79) "Fuel" means natural qas; petroleum; coal; wood; or a form of solid, liauid, or 

11 gaseous fuel derived from these materials for the purpose of creatina useful heat. 

' 12 (80) "Fuaitive emissions" means 61i: 

13 those emissions that muld not reasonablv pass throuah a stack. 

14 chimney, vent, or other functionallv equivalent oaenina, 

45 C.F.c 

16 

17 181 1 "a" means gram. 

18 (821 "aal" means gallon. 

19 (83) "General fund" is defined bv KRS 48.010(15)(a). 

20 -e -as electr~clty. . . 1- 

21 

22 (85) "ar" means arain. 

23 (86) "HCI" means hvdrochloric acid. 
87 "Heat in ut" n 

C alorifickofd fuel feed rate into a combustion 

d fl& vi i 

(a! Does not include the heat derived from greheated combustion air, 

reciru-fle.aases.t from other sources: and 

b) IS measured, recorded. and reeorted to the cabw 1- ... 

(88) "HF" means hvdroqen fluoride. 

(891 "Hq" means mercury. 

(90) "Hiqh terrain" is defined bv 40 C.F.R. 5l .I 66(bI(X). 

(91) "hr" means hour. 

(92) "Hvdrocarbon" means an oraanic com~ound consistinn uredominantlv of 

carbon and hvdroqen. 

(93) "Hvdrocarbon combustion flare" means: 

(a) A flare used to complv with an apulicable New Source Performance Standard 

INSPSI or Maximum Achievable Control Technolonv (MACT) standard, includina uses 

of flares durina startup, shutdown, or malfunction permitted under the standard: or 

(b) A flare that serves to control emissions of waste streams comurised 

predominatelv of hvdrocarbons and containing no more than 230 ~qldscm hvdroqen 

sulfide. 

(94) "H20 means water. 

(95) "H2SU means hvdronen sulfide. 

(961SO~ means sulfuric acid. -. 
(97) "in" means inch. 

(98) "Incineration" means the process of ianitina and burninq solid, semisolid, liquid, 

or qaseous combustible wastes. 

(99) "Industrial boiler or turbine" means a fossil fuel-fired boiler, combustion turbine. 

or a combined cycle svstem havina a maximum desian heat input of 250 MMBTU uer 

hour or more that is not an electric qeneratinq unit. 

(100) "Innovative control technoloqy" is defined by 40 C.F.R. 51.166(bM19). 

(101) "Intermittent emissions" means emissions of particulate matter into the open 

air from a urocess that operates for less than anv six (61 consecutive minutes. 

(1 02) "J" means ioule. 

(1 03) "Kq" means kilogram. 

(1 041 "1" means liter. 

(105) "lb" means pound. 

(106) "Leqallv enforceable" means the cabinet or the U.S. EPA has the authoritv to 

enforce a certain restriction. 

(107) "Lona dry kiln" means a kiln that emulovs no ~reheatinq of the feed and has a 

dry inlet feed. 

(108) "Lona wet kirn" means a kiln that emplovs no ureheatina of the feed and the 

inlet feed'to - the kiln is a slurry. 

(109) "Low terrain" means an area other than hiqh terrain. 

(I 10) "Lowest achievable emissions rate" or "LAER means. for any source; 

-writ emissions lun~tatr . . 'on that is contained in the Kentucky 

SIP fotheclassortiona~ r source. unless the owner or o~erator of 
the proposed stat . . ionary source demonstrates thalt i 

achievable: or 

2heieved . T i' ' in cractice bv the class or 

categoty of stationarv source; 

(b) For a major modification. the lowest achievable emlsslons rate for the new . . 

or modified emissions units at the stationarv source: and 

fc! An emissions limitation that does not exceed the allowable emissions of an 

m~licable standard established ~ursuanto 40 C.F.R. Parts 60. 61. or 63. k 

(I 11) "mu means meter. 

(1 12) "my means cubic meter. 

(1 13) "Maior emissions unit" means: 

La! Any emissionsunitat emits or has the pomial to emit 100 tons cer vear 

or more of a PAL pollutant in an attainment are% or 

(b)ssionsut ni emits or has the potential to emit a PA1 collW 

in an amount that is egua I to o r greater than t he major source thresh0 Id for the 

PALdefined by the Clean Air Act. 47 U.S.C. 7401-7671a for 

nonatta inment a reas. 

(114) "Maior modification" means a chvsical change in or a chanae in the 

method of oce . . ration of a maior stationarv source that results in a slglUficant 

. . . . . . ns increase and a s~gnlficant net em~sslons increasited NSR 

pollutant. 

(a) A s~gnlficant em . . issions increase from anv emlsslons units or net . . 
emissions increase at a major stationaw source that is sianificant for volalk? 

Qr . . aanlc com~ounds or nitroaen oxides is considered slanlficant for ozone. 

(b! A phy s i ca I c h a n ae or chanae in the method of o~emtion does not include; 

1. Routine maintenance. repair, and replacement; 

Useaterial 2. r bv reason of an order or a natw 

curtailment olan in effect under a federal act; 

3. Use of an a lternative fue I at a stea m ueneratlnu unit to the extent that the 

fuel is generated from municipal solid waste; 

4. Use of an alternative fuel or raw mate~hya&hmy-ammdmk 

a.ource was capable of acco 0 I 

KAR 51 :017. or December 21? 1976, for 40 1 KAR 51 .052: unless the chanae would 

be p roh ibikdlzy a federallv enforceable pe rm it cond~t~on that was establ~shed . . 

after January 6, 1975, for 401 KAR 51:017. or December 21. 1976, for 401 KAR 

14 51:052. ~ursuant to 40 C.F.R. 51.165 or 51.166: or 

15 b. The sou rce is a r>pootos~&agermltp~R r v . . 

16 51 :Ol7 or 51:052; 

17 5. An increase in the hours of ogecliition or in the production rate. ukss the 

18 chan 

19 after January 6: 1975: for 401 KAR 51:017 or December 21. 1976, for 401 KAR 

20 51:052 pursuant to 40 C.F.R. 52.21: after June 6. 1979. ~ursuanto 401 KAR 

21 51:015: after Seotember 22,1987. pursuant to 401 KAR 51:017: or pursmt to 401 

22 KAR 52:020 and 51:016E; 

23 6.ange in ownership at a stationaw source; 
7. The installation, o~eration. cessation. or removal of a tem~orarv clean coal 

kchnoloav demonstrat ion p roj 'ect. if the project cwl ies with the Keukwkv SIP 

andn the national ambient a . - ir 

quality sta . . ndards during the ~ro~ect andafter ~t IS term 

1 T i IIin r I 

demonstration aro ject that const itutes repower ina. if the p roj 'ect does not result 

in an increase in the ootential to emit of a reaulated _gollutant*bvuunt. i 

on &r 

9. The reactivation of a verv clean coal-fired electric utilitv steam aenerating 

(c) Instead of this definition. the defi (6 nition for PA1 mabr modificat~on . In - I9 . 

subsection 11751 of this sectious used for a articular reamif the ma ior stat ionary sou rce IS compJyng w th the requrements of 401 KAR 

51:017, Sect ion 20. a nd 401 KAR 51:052. Section 11. for a PAL for that oo IIutAa 

[- 

(115Y"'aior NSR permit" means a errn nit issued under Kentucku's PSD or NSR 

proaram. 

(1 16) "Maior source" means a sou rce w ith a ~otential em ission rate ewl to or 

greater than 100 tons oer vear of anv one 111 of the followina oollutants: 

n c com~omA 

carbon monoxide. or ODs, PE*lnC;narl[ ... .. 
(1 17) "Maior source baseline date" means: 

fa! For articulate matter and sulfur dioxide. January 6, 1975: and 

&!!Fore. February 8! 1988, rif--elefitte$--lw-$8 CF.k 

/I 18)"Maior stationary source" means: 

(all. A station aw source of air pollutants thaemits.tial to 

emit. I00 tons per vear or more of a regulated EdSR pollutant. exce~t that; 

a. For ozone nonattainment areas: one hundred (100) bns Der vear or more of 

volatile orqanic com aou n ds or nitroaen oxides in a maraid or moderate ozone 

nonathinment area: fifty (50) tons per vear or more of vola 

compounds or nitrogen ox ides in a serious ozone nonattainmed area: twentvfive (251 tons per vear or more of volatileanic com~ownds or nitroaen ox i des 

in a severe ozone nonattainment area: or ten (101 tons Der year or more of volatile 

aaanic comounds or nitrogen ox ides in an extreme orone nonatfainment area; 

b. Fifty (501 to rdca-iwbon . . ns oer vear or mo 

monoxide nonatta . . inment area where statiBW 

to carbon monoxide levels; and 

c. Sevenk (70) tons per vear or more of Dart culateer fPMla) in a serlous 

HBjenon_attaiument area: or 

2.a. Fo r the PS D ~r am sources of a~r 

p?as the potential to emit. 100 tons Der vear or more of a 

reaulatedNSRl fuel-fired st- electric plants of more than 250 
million BTU ~er hour heat inout. coal cle-ts with thermal dwers. kraft 

gulo mills. portland cement plants, ~ri-oc smelters, iron and steel mill 

plants. primarv aluminum ore reduction plants. orbrv comer smelters, 

munlcip . . a lini c ne r ators ca~able of charaina more than 250 tons of refuse ~er day, 

hvdrofluoric, sulfuric. and n itric acid olants, petroleum refineries, lime plants, 

phosphate rock wocessing dants, coke oven batteries. sulfur recovew olants, 

 arbo on b nts lack la (furnace ~rocessl. ~rimary lead smelters. fue I conversion 

plants, sinterina ~lants, secondaw metal oroduction olants, chemical process 

plants. exceat etha ction fac~l~ties ~roducina ethanol bv natural ... no1 grodlu 

U

frmn i 

codes 325193 or 317140. fossil fuel boilers, or combination of fossil fuel boilers, 

totaling mo re than 250 m illion BTU ~er hour heat but, pet roleum storage a14 

trans f er units with a total storage ca~acitv exceedina 300.000 barrels. tacmbsm 

process ingglanb, alass fiber orocessin~ts. and charcoal ~roductinn ~lants; 

a 

b.R eaa rI d ess of the stat i onarv source sire soecified in subclause lil of this 

yearorre of a reaulated NSR oollutant; or 

Ccur athat stationary source not otherwise 

gualifvina under this subsection as a major staionaconstitute a malo 'r stationaw source bv itself: 

(b! A source)ms or nihwmxh 

is considered maior for ozone and 

ethanol bv natural fermentation under NAlCS codes 325193 or 312140; 

iWaJYPXdmn 

exceedina 300.000 barrels; 

23. Taconite ore urocessing olants; 

24. Glass fiber orocessinq ulants; 

25. Charcoal production ulanj;s; 

26. Fossil fuel-fired steam electric ulants of more than 250 million BTUs per 

h-r 

27.Anotherstationarvsosrrce~tasaAvaustQ-q 

reaulated under 42 U.S.C. 741 1 or 7412. F'IIII..inr[ II . 

I-rn F~I V.. .a\. 1,. I 

(119) "Malfunction" means a sudden and infrequent failure of a ir oollution 

sont rol egu i~me nt, process equipment. or a orocess to 09Ual or 

usual manner that is not caused entirelv or in oart bv poor mainteumce. careless 

sgerat ion. or other upset cond ition or eauigtnent breakdown that is reasonably 

preventable. 

(120) "Mandatory Class I area" means an area identified in 40 C.F.R. Part 81, 

Sub~art D, if the administrator of the U.S. EPA, in consultation with the Secretay of the 

United States Department of Interior. has determined visibilitv to be an important value. 

(121) "Marainal nonattainment county" or "marginal nonattainment area" means a 
countv or portion of a county designated marainal nonattainment for the national 

ambient air aualitv standard for ozone. 

. . 

stated maximum amount of fuel per hour on a sfeadv state basis, as determined 

bv the ~hysical desian and ~hvsical characteristics of the unlt. I-

. . 

(123) "Maximum potential hourlv heat input" means an hourlv heat input used for 

re~oti in apu r pa if to certifiedoort heat inout and is: 

!a! A value calculated accord ina to 40 C.F.R. Part 75 using the maximum fue I 

f . . -1t r nh dntencalorifcs to use 40 

cwut: or 

fbl A value reported accordina to 40 C.F.R. Part 75 usina the maximum 

potential flow rate and either the gercent COP concentrationlin oercent 

ds to use a flow monitor and a 

diluent aasm_onitor. ris$efiffe$-lwQ8C . I= . . " . . .96-24 . . . . (124)eans the emlsslon rate of NOx !in 

Ib per MMBTU! calculat edtcdx i F. Section Section3, 

using the maximum potential NOx conce&&hud&md in 40 C.F.R. Part 75, 

. . AeDendSection ix 2. and the max i mum oemn7orcent COP 

Y ndeo~e r II r at in a conditions of the unit exce~t for unit startup. shutdown. and 

malfunction. rk&%e&w4 C.E.R. -1 

(125) "Maximum rated hourlv heat input" means& specific filiarrimm 

heat input fMM BTU! that is the higher of the m&cturerls maximum rated 
bourlv heateel- ' n 

c a -1 .. .a . . . 

(126) "pa" means microgram. 

(1 27) "mg" means milliqram. 

(128) "Mid-kiln firinq" means the secondary firing in kilns by iniectina solid fuel at an 

intermediate point in the kiln using a speciallv designed feed iniection mechanism for 

the PurDose of decreasinq NOx emissions throuqh: 

(a) Burninq part of the fuel at a lower temperature: and 

(b) Reducing-conditions at the solid waste iniection point that may destroy some of 

the NOx formed upstream in the kiln burninq zone. 

(129) "min" means minute. 

(130) "Minor source baseline date" means; 

fa1 The earliest date after th-aer date on which a major statimw source 

or a maior modification subiect to permit reauirwnts established Dursuaat to 4Q 

.RsubmiSI CF . a compl~plication; 

I. For articulate matter and sulfur dioxide, the trigger date is Auaust 7. 1977; 

2. For nitrogen d ioxide. the triaaer date is February 8? 1988; 

{b! For TSP increments. that the orralnallv established date rema . . ins in effect to 

dete rmine the amount of available PMln - increments. unless the cab inet rescinds 

the m inor source baseline date pursuant to 40 C.F.R. 51.166(- 

ments or other 

eauivalentesta- v 

30 

.. . 2. An increase in production rate of an affected facrlitu. 1f that inmase can be 

accom~lished without a capital ex~enditure on that facl I& '1' . 

3 *K r f 

. . 4. Use of an alternative fuel or raw mated d. ~rior to the date a standard 

becomes 

z 

a~~l icable to that source type, t he affected facility was desianed to 

n i 

accommodate an alternatwe fuel or raw material if that use could be 

accomplished under the fac111ty s const .- 1 on spec--ions as amended prior to 

the change; 

Lo r nsiderations. as s~ecified in 42 

U.S.C. 741 1 (aI(81; 

. . 6. The addition or use of a svstem or device the ~rimrv function of which 1s 

tb . . ,~ 

redaced bv a system that the cabinet determines to be kss env 

beneficial: or 

I1 loca i - @I - 7. The re ton o rh c ange in ownershin of a source. I- 

(1371 "Monitorina device" means the total eauioment, rewired bv an applicable 

administrative regulation in 401 KAR Chapters 50 to 65, used to measure and record, if 

aQQliCable. process parameters. 

(1 38) "Monitorinq svstem" . . means a monitorinq svstem that meets the requirements 
(1 39) "MWe" means megawatt electrical. 

(140) "N7" means nitroaen. 

out~et aeneratineilira 

MWe! that a ae nerator can sustain over a spec ified ~e riod oft ime if not restricted 

bv seasonal or other deratirags as measured with United States Deoartment of 

Eneravstandards.-=''-1 .I .I\. . . 

(1421 "Natural conditions" means those naturallv occurrina phenomena that reduce 

visibility as measured in terms of visual ranae, contrast, or coloration. 

(143) "Necessarv preconstruction approvals or permits" ms those t3ediS.m 

appro vals required under the adm inistrative regulat ions a~~roved to the 

Kentuckv SIP ~ursuant to 40 C. F.R. 52.920. and federal air auali- I 

and regulations established pursuant to 42 U.S.C. 7401-767la 

(1441iWl "Net emissions increase" means; 

(a1 For [dklanv regulated NSR pollutant emitted bv a maior stationarv source. the 

amount bv which the sum of subparagraphs I and 2 of this paragraph exceeds zero: 

1. An increase in emissions from a particular phvsical chanae or chanae in method 

of operation at a stationarv source as calculated ~ursuant to 401 KAR 51:017, Section 

1 (4), or 401 KAR 51 :052, Section l(2); and 

2. Anv other increases and decreases in actual emissions at the maior stationary 

source that are contemporaneous with the particular change and are otherwise 
creditable. Baseline actual emissions for calculatinq increases and decreases under this 

paraaraoh are determined as defined in this section. 

(b) An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change onlv if: 

1. For construction that commences prior to Januarv 6, 2002, the change occurs 

between the date ten (10) years before construction on the chanqe commences M and 

the date that the increase from the change occurs; and 

2. For construction that commences on and after Januarv 6, 2002. the chanqe 

occurs between the date five (5) years before construction on the chanqe commences 

Ll and the date that the increase from the chanqe occurs. 

(c) An increase or decrease in actual emissions is creditable onlv if: 

1. The cabinet or the U.S. EPA has not relied on the chanqe in issuinq a permit for 

the source pursuant to 401 KAR 51:017,51:052, or 40 C.F.R. 52.21; and 

2. The permit is in effect at the time the increase or decrease in actual emissions 

from the oarticular chanqe occurs. 

(d) An increase or decrease in actual emissions of sulfur dioxide. particulate matter. 

or nitroqen oxides that occurs before the applicable minor source baseline date is 

creditable onlv if it is reauired to be considered in calculatina the amount of maximum 

1 

allowable increases remainina available. For particulate matter, only PMIO emissions 

(e) An increase in actual emissions is creditable onlv to the extent that the new level 

of actual emissions exceeds the old level. 

(fl A decrease in actual emissions is creditable onlv to the extent that: 
1. The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

2. The decrease is enforceable as a practical matter at and after the time that actual 

construction on the particular chanqe beains: and 

3. The decrease has ap~roximatelv the same qualitative sinnificance for public 

health and welfare as that attributed to the increase from the particular chanqe. 

(q) An increase that results from a Dhysical chanqe at a source occurs if the 

emissions unit on which construction occurred becomes operational and beains to emit 

a particular ~ollutant. A replacement unit that requires shakedown becomes o~erational 

10 onlv after a reasonable shakedown period, not to exceed 180 davs. 

I1 (h) The term, actual emissions, as defined in subsection (2) of this section does not 

12 ap~lv in determining creditable increases and decreases. 

13 (145) "New source" means a source, the construction, reconstruction, or modification 

14 of which commenced on or after the classification date as defined in the applicable 

15 administrative requlation, irrespective of a chanqe in emission rate. 

16 (146) "Nitroqen oxides" means all oxides of nitroqen except nitrous oxide, as 

17-. k P r-1 

18 (147'1 "nq" means nanonrams. 

19 (148) "NO means nitric oxide. 

20 means nitroaen dioxide. 

21 (150) "Nonattainrnent maior new source review prowam" or "NSR prowam" is 

22 defined bv 40 C.F.R. 51.165(a)(l)[xxx). For purposes of this definition. "administrator" 

23 means the U.S. EPA. 
1151) "NOx" means nitroqen oxides. 

(152) "NOx allowance" is defined bv 40 C.F.R. 96.2. 

(153) "NOx Allowance Trackinq Svstem" or "NATS" [WATWl is defined bv 40 

C.F.R. 96.2 For purposes of this definition, "administrator" means the U.S. EPA. 

(1541 "NOx authorized account representative" is defined bv 40 C.F.R. 96.2. 

1155) "NOx budqet emissions limitation" means, for a NOx budget unit, the tonnaqe 

eauivalent of the NOx allowances available for compliance deduction for the unit and for 

a control period under 401 KAR 51:160 adiusted bv deductions of sufficient NOx 

allowances to account for: 

fa) Actual utilization under 40 C.F.R. 96.42fe) for the control period; 

(b) Excess NOx emissions for a prior control period under 40 C.F.R. 96.54(d); 

fc) Withdrawal from the NOx budqet proqram under 40 C.F.R. 96.86; or 

(dl A chanqe in regulatory status for a NOx budqet opt-in source under 40 C.F.R. 

96.87. 

(156) "NOx budaet o~t-in source" means an affected facilitv that has elected to 

become a NOx budget unit under the NOx Budget Tradinq Prooram and whose NOx 

budaet opt-in permit has been issued and is in effect. 

(1571 "NOx budget source" is defined bv40 C.F.R. 96.2. 

(158) "NOx Budget Tradina Proqram" is defined bv 40 C.F.R. 96.2. 

(159) "NOx budqet unit" means a unit that is subiect to the NOx Budget Trading 

Program emissions limitation under 401 KAR 51:160 or 40 C.F.R. 96.80. 

(160) "NOx budnet unit operator'" means a person who operates, controls, or 

su~e~ises a NOx budqet unit. a NOx budnet source, or a unit for which an application 
for a NOx buduet opt-in permit under 401 KAR 51:195 is submitted and not denied or 

withdrawn and includes a holding company, utilitv svstem, or plant manauer of a NOx 

buduet unit or source. 

(161) "NOx buduet unit owner" means: 

(a) A holder of a portion of the leqal or eauitable title in a NOx buduet unit or in a 

unit for which an application for a NOx budaet opt-in permit under 401 KAR 51:195 is 

submitted and not denied or withdrawn; 

(b) A holder of a leasehold interest in a NOx budqet unit or in a unit for which an 

application for a NOx budaet opt-in permit under 401 KAR 51.195 is submitted and not 

denied or withdrawn; 

(cl A purchaser of power from a NOx budqet unit or from a unit for which an 

application for a NOx buduet opt-in permit under 401 KAR 51:195 is submitted and not 

denied or withdrawn under a life-of-the-unit, firm Dower contractual arranuement and 

unless expresslv provided for in a leasehold aureement, does not include a passive 

lessor, or a person who has an equitable interest through the lessor, whose rental 

payments are not based, either directly or indirectlv, upon the revenues or income from 

the NOx budget unit or the unit for which an application for a NOx buduet opt-in permit 

under 401 KAR 51:195 is submitted and not denied or withdrawn; or 

(dl For anv qeneral account, a person who has an ownership interest with respect to 

the NOx allowances held in the aeneral account and who is subiect to the binding 

anreement for the NOx authorized account representative to represent that oerson's 

ownership. 

(162) "0; means oxvuen. 
(163) "03" means ozone. 

o f I i aht and obscu rh' e t e vlew o f an ob~ect ~n the background. i- 

(165) "Operatino" means, for a NOx budaet unit, havinq documented heat input for 

more than 876 hours in the six (6) months immediatelv precedina the submission of an 

application for an initial NOx budqet permit. 

(166) "Operator" means, for a NOx budqet unit, any person who operates. controls, 

or supervises a NOx budqet unit, a NOx budqet source, or unit for which an awplication 

for a NOx budqet opt-in permit is submitted and not denied or withdrawn. and includes 

anv holdina companv, utility system, or plant manaaer of the unit or source. 

(167) "Opt-in" means to be elected to become a NOx budqet unit under the NOx 

Budget Tradin~ Program through a final NOx budaet opt-in permit. 

(168) "Owner", for a NOx budget unit,,is defined bv 40 C.F.R. 96.2. 

(169) "Owner or operator" means a ~erson who owns. leases, o~erates, 

. . controls. or supervises an affected fac~l~tv or a source of which an affected 

IS a part, r- C.F.?,. -1 

(170) "oz" means ounce. 

(171) "Ozone dewletinq potential" or "ODP", means pursuant to 40 C.F.R. Part 82, 

Subpart A, Appendices A and B, the ratio of the total amount of ozone destroved bv a 

fixed amount of an ozone depleting substance to the amount of ozone destroved bv the 

same mass of trichlorofluoromethane (CFC-11) in which the ozone de~letina potential of 

CFC-I I is equal to one and zero tenths (1.0). 

(172) "Ozone depletinq substance" or "ODs means anv chemical CO~DOU~~ 

38 
requlated under 40 C.F.R. Part 82 with decav products, after the ohotolvsis of the ODs 

bv short-wave ultraviolet light, that are able to catalvze the destruction of stratosoheric 

ozone. 

(173) "PAL effective date" means; 

(a) The date of issuance of the PA1 permit; or 

Ibl For an increased PAL, the date anv e missions un it that is oart of the PA L 

maior modification becomes ooerational and beains to emit the PAL pollutant. 

(174) "PAL effective period" means the ~eriod besrnolng with the PA1 effective . . 

10) vea . . date and endina ten ( rs later. I- .. .... " -1 . 

(1751ue h i in or a cinae in the 

method o f operation of the PAL source t hat causes it to emit the PA L r>oll&nt at 

a I I hh ... rto C.F.!?. -1 

][r .. . . 

1177) "PAL pollutant' means the ~ollutant fo r w hich aPALisd at a 

maior stationary source, [[I .. . . 

(178) "Particulate matter" means a material. exce~t uncombined water that 

. . exists in a finelv divided form as a l~au~d or solid measured bv a U.S. FPAapproved test method or a testmetbod a ckv SIP. r- 

(179) "Particulate matter emissions" means, except as used in 40 C.F.R. Part 60, . 

all finely divided solid or liquid material. other thm uncombined water, emitted to 
the ambient air as measured by agglicable reference methods. or an eauivalm 

amethoder I. orbv a test method specifiad 

in the KentucUIP. l- .. .. .. . 

(180) "Peak load" means the maximum instantaneous o~eratina load. 

(1811 "Permitted capacitv factor" means the annual permitted fuel use divided bv the 

manufacturer's specified maximum fuel consumption multiplied by 8,760 hours Der vear. 

(182) "Person" is defined bv KRS 224.01-OIO(17). 

(183) "Plant-wide applicabilitv limitation" or "PAL" means an emission limitation, 

expressed in tons Der vear, for a pollutant at a major stationarv source, that is 

enforceable as a practical matter and is established source-wide in accordance with 401 

KAR 51:017 6r 51:052. 

1184) means particulate matter with an aerodvnamic diameter less than or 

eaual to a nominal two and five-tenths (2.5) micrometers as measured bv a reference 

method in 40 C.F.R. Part 50, Ap~endix L, and desianated in accordance with 40 C.F.R. 

Part 53, or bv an equivalent method desiqnated in accordance with 40 C.F.R. Part 53. 

(1 85) "PM,; ) . . r 

or eaual to a nominal ten (101 micrometers as measu p 

40 C.F.R. Part 50, Appendix J. and desiarwfed in acco~ce with 40 C.F.R. Part 

53. or bv an equivalent method desianatedin.ow-. 

17r1 .. . . 

(186) "PMIn emissions" means finelv divided solid or liquid material with an 

aerodvnamic diameter less than or equal to a nominal ten (10) micrometers emitted to 
the ambient air as measured by an applicable reference method, or an eauivalent or 

alternative method specified in 40 C.F.R. Chapter I, or bv a test method specified in the 

Kentucky SIP. 

(187) "Pollution prevention" is defined by 40 C.F.R. 51.166(bM381. 

(188) "Portland cement" means a hvdraulic cement ~roduced bv ~ulverizinn clinker 

consistinu essentially of hydraulic calcium silicates. 

(189) "Portland cement kiln" means a system, includinq solid, aaseous or liquid fuel 

combustion euuipment, used to calcine and fuse raw materials, includinu limestone and 

clav. to produce Portland cement clinker. 

(1 90) "Potential to emit" or "PIE means: 

(a1 T he maximum ca~acity of a stationarv source to em it a pollutant under its 

phvsical and operational desian. in which: 

1. A ohvsical or operational limitation on the cmadtv of a source to emit an 

t. including air pollution control ealbigment and restrictions on hours 

of o~eration or on the tyoe or amount of material combsted, storedd2r 

processed. IS treated as Dart o f its desian if the limitation is enforceable as a 

practical matter: and 

2. This definrt~on does not alter or affect the use of this term for other . . 

PurDoses of the I* Clean Air Act, 47 U.S.C. 7401-7671a. or the caoacitv factor I1 

-am 

fbl For the PSD and NSR oroarams. the maximum cagmitv of a statim 

source to em lutant under its ~hvsical or ogerat ional design. in which; 

1 I r i 
. . pollutant. includina air oollution control eauioment and restr~ctrons on hours of 

oDerationerial combusted. stored, or ~rocessed, 

is tre *?dd fi in7 r v n 

emissions: 

a. Is federallv enforceable: or 

b. For an actuals PAL. is federallv enforceable or enforceab le as a pract'cal I 

matter: and 

2.emissions are not counted . [r . 

(191) "ppb" means parts per billion. 

(192) "~prn" means parts per million. 

(193) "p~rn(w1wY' means parts per million (weiaht bv weight). 
(194) "Precalciner kiln" means a kiln in which the feed to the kiln svstem is 

preheated in cyclone chambers and utilizes a second burner to calcine material in a 

separate vessel attached to the ureheater prior to the final fusion in a kiln that forms 

clinker. 

(195) "Predictive emissions monitorinq system" or "PEMS" is defined bv 40 C.F.R. 

51.166(b)(44). 

(196) "Preheater kiln" means a kiln in which the feed to the kiln svstem is preheated 

in cvclone chambers prior to the final fusion in a kiln that forms clinker. 

(1 97) "Prevention of Siqnificant Deterioration Proaram" or "PSD Pronram" means a 

malor source m reconstruction Drogram thd has been wwoved bv the U.S. 

and incomorated into the Kentuckv SIP to im~lementhe reauirements of 40 

C.F.R. 51.166 C.F.!?. 5Mw#'Qkl 

(198)"~roiect"qneanse in method of o~eratlennf 

an 

9 

existina major stationarv source, [if.$eficle8lwQ8 C.F.K. 5-1 

la) T . . . . he maximum annual rate. in tons per vear. at which an exlstlna ~~~sslons 

unit is ~rojected to emit a regulated NSR pollutant in anv one (1) of the five (51 

Y -oath oe&dd, followina 

goeration after the ~roiect. or in anv one (I! of the ten !I01 vears foil 

. . 1. r apacitv or its 

potential to emit the reamed NSR oollutant: and 
a siunificant net emissions increase at the maior stationarv source: or 

n . . mmss~ons unit, 

befo re beginning actua I constru &ion. is ~roiected to emit a reau I ated NS R 

pollutant, if the source; 

1.a. Considers all relevant information, including h istorical operational data 

and the co mganv's own rewesentations of ex~ected and h ighest ~roiected 

business act ivitv. filinas with the cabinet and the U-S. EPA, and co~iance la ns 

under the Kentuckv SIP; 

fuaitive emlsslons and emlsslons associated with startuos, . . . . b. Includes 

shutdowns, ands: and 

c. Excludes, in calculatina anv increase in emissions that results from a 

ect, that oortion of the unit's em . . issions followima the ~roiect that an ex~stmq 

unit could have accommodated durina the consecutive twentv-four (241 month 

period used to eswks h the baseline actual _emlss~ons and that are also unreW . . 

fo the oroiect. includina anv increased ufdmt~on due to product dew- .. . 

sr 

of u sjh in f* to determ ine projected actua I 

- 

emissions. [[I . . 

(200) "~sia" means pounds per square inch absolute. 

(201) "~sia" means ~ounds per square inch saae. 

(202) "RACTIBACTILAER Clearinqhouse" or "RBLC means the U.S. EPA's online 

collection of ~revious RACTIBACTILAER determinations. 
(203) "Reactivation of a very clean coal-fired EUSGU is defined by 40 C.F.R. 

51.166(b)(37). 

(204) "Reasonable further proqress" is defined bv 42 U.S.C. 7501(1). For purposes 

of this definition, "administrator" means the US. EPA. 

(205) "Reconstruction" means the replacement of components of an existing 

affected facilitv to the extent that: 

(a) The fixed capital cost of the new components exceeds fiftv (50) percent of the 

fixed capital cost that would be required to construct a comparable entirely new affected 

facilitv; and 

(b) It is technoloqicall~ and economicallv feasible to meet the applicable 

requirements of 401 KAR Chapters 50 to 65. 

(206) "Reference method" means a method of sam~linq and analvzina for an air 

pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53: 40 

C.F.R. Part 60, Appendices A and B; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. Part 

63, Appendices A to D. 

(207) "Resulated NSR pollutant" means the following; 

-ch a national ambient ah aclalitv standard has been 

gromulaated a nd anv const ituents or orecursors for such ~ollutants identified by 

iblApollutant subiect to anv stat 

Id A nollutant subject to a standard grnmdgated under or estahbhed by 42 

U.S.C. 7671 to 7874a; or 

!dl A pollutant that otherwise is subiect t~ regulation, as defined in subsection 
42 ii is se r 

pollutant (HAP! liste din42nt to 42 U.S.C. 

741 4)2h n is not a 

regulated NSR ~oll utant u nl ess the listed HAP is also reaulated as a constituent 

or precursor of a generalspollutant.- ri 

FR 

.I ..\. . .I 

(208) "Replacement unit" means an emissions unit that does not aenerak 

cred itable emissions reductions by shuttina dow n the ex isting emlsslons unit . . 

ttall. Is a reconst ructed un it within the meaning of 40 C.F.R. 60.15-t 

com~letelv takes the place of an ex isting em issions unik 

uivalent to the redaced emlssrons unit: and . . 2. Is identical to or functionally ea 

3.gn parameters of the wocess unit. 

ib) Reolaces a unit that: 

I. Is ~ermanentlv removed from the maior stz&mav source, is othewise 

. . germawntlv d~sabled! or is ~rohlblted from operatlna bv a Derm 

enforceable as a ~ractical matter: and 

2.1fht back into 

(209) "Reuowerina" is defined by 40 C.F.R. 51.166(bM36). C- 

(21 0) "Resuonsible official" means: 

!a1 For a corporation: a president, secretary. treasurer. or vice-president of the 
cc.racharaeofa.r>nncloaless r fw or other Derson wh~ . . 

performs similar ~olicv or dec~slondna functions for the cor~oration, or a . . 

dulv author ized representative oft hat perso n if the representative IS resuons~ble . . 

f orthen of one Ill or more manufacturing, productionr or 

operating facilities ap~lvina for or subiect to a ~ermit: and 

I. The facilities @mdov more than 250 Dersons or have aross mnual sales! 

expenditures exceedioa $25.000.000 in second auarter 1980 dollars: or 

2. The deleaation of authority to the re~resentative is a~~rovedm 

the cabinet pursuant to this subsection; 

(b) For a partnership or sole ~roerietorship~ a general ~artner or the 

proprietor. respectivelv; 

fcl For a mu )I . . nicipality. state, fede 

executive office r or r ank~ 'n a elected official. The ~rinci~al execwtive officer of a 

fede ral aaencv includes the chief execut~ ' ve officer havina res~onsib ilitv for the 

overall o~eration of a ~ri~ cloalaeoaraDhic_unit . of the awncv: or 

(dl Frh o t e ac~d ' rain ort ti on of a permit for an affected source. the desianated 

representative. r- P .. .... IJ 7U] a . . 

(211) "Run" means the net ~eriod of time. either intermitt!mt or continuous 

within the limits of aood enaineerina practice. when an _eml 'ssion sample is 

collected, [V C: .. ..-. IJ 6Q-%1 . . 

(212) "S" means at standard conditions. 

(21 3) "sec" means second. 

1214) "Secondarv emissions" means emlsstons th;if; . . 
la1 Occur as a resu It of the construction o or stationary 

source or major mod ification. and do not come from the maior statioluxucmme 

or ma' io r modification itself: 

Ib) Are s~ecific. well defined. auantifiable. and impact the saas the stationarv source modification that causes the secondarv em 'ssions. -€ 

. . fc) Include emissions from an ~Esite sup~ort fac~~would not otherwise 

be co nstructed or increase ~ts em issions as a result of the construction o r 

g~eration of the maior stationarv source or major modification: and 

fd] . . Do not include emissions that come directlv from a mobile source, 

including emissions f rom the tailaipe of a mot0 r vehlcle. a tr1215) "Serious nonattainment countf or "serious nonattainment area" means a 

countv or portion of a countv desianated serious nonattainment for the national ambient 

air aualitv standard for ozone. 

(216) "Severe nonattainment county" or "severe nonattainment area" means a 

air aualitv standard for ozone. 

(217) "Shutdown" means the cessation of an operation. 

(21 8) "Significant" means; 

fa) . . )ms increase or the 

P otential of a sou r ce to emit anv of the uollu- d in the followina table. a 

r h Idte r listed in the 

f.zb!c 
POLLUTANT 

Carbon monoOzone depleting 

substance 

Nitrogen oxides 

Sulfur dioxide 

Particulate matter 

Ozone 

Fluorides 

Sulfuric acid mist 

particulate 

matter 

emissions 

emissions 

v of volatile 
Reduced sulfu 

Municipal W& 

combustor orwnics 

[measured as total 

tetra- through octachlorinated dibenzopdioxins and 

Municipal waste 

combustor aclc 

sulfur dlox~de anc . . 

hvdrown chloride) 

3.2 x 10' 

megagrams ~e 

year IMalyI (5.5 ; 

uL2r4l 

14 Mglv !I 5 tpvl 

36 Mdv (40 t~yl 
1 (bl For 401 K, 

oal solid waste 

lmeasured as 

nonmethane oraanic 

comrjounds) 

po leesbd en i f r II li 

. . table in paraara~h la) of this subsection. anv emlsslons rate; 

(c) For 401 KAR 51:017. in reference to an emissions rate or a net emissions 

increase ass~ciated with a maior stationarv source or maior modification, that is 

to be constructed within ten (101 kilometers of a Class I area, an im~act on thi& 

area egua I to or areate r than one Ill ug lm3 over a twenty-four (24) hour averaae; 

id) Fo . . r 401 KAR 51~052. in reference to a netsslons ncrease or the 

potential of a source to emit anv of the uollutants listed in the foll~wing table, a 

rate of emissions that would equal or exceed a corresoondinae listed In the 

POLLUTANT 

monoxide 1- I 

EMISSIONS RATE 

Carbon - 

Sulfur dioxide $!&&! 
I)retlle 

or nitroaen oxides 

&icJ &!e!zlm 

!el For 401 KAR 51:0521 with the exception of the sianificant emissions rate 

. . . . for ozone in this siau~ficant mws, in reference to an em~sslons 

issions . . increase or net em increase. a rate of em~sstons that exceeds the 

followincr: 

volatile organic com~ounds or nitroaen 

oxides in a serious or severe ozone nonaUainrnent area: or 

2. Anv increase in actua I_etnissions of vomclimic cornorrock or nitroaen 

gx~des in an extreme ozone nonattainment area: or 

IA For 401 KAR 51:052. with the exception of thesisnifls;ilnt emlsslons rate fa . . 

an 

. . . . emissions increase or net emlsslons increase.ae of em~ss~ons ofcarbon 

monoxide t hat eg -Quo- 

. . nonattamm e n r source contr~butes 

significantlv to carbon monoxide levels. [- 

En cd .. .I r. " l. 

(219) "Sianificant emissions increase" means, for a regulated NSR 

. . ease..lu incr ' n 0 r ar eater than the emlss~on level that is . . 

sianificant for that ~ollutant. r52 
I 

~n ".. rd 41 .. ...... 

(220) "Siqnificant emissions unit" means an emissions unit that emits or has the 

potential to emit a PAL pollutant in an amount equal to or greater than the 

applicable significant level as defined in subsection (218) of this section or in 42 

U.S.C. 7401 to 7671a, whichever is lower for that PA1 oollutmt. but less than the 

lify the un issions un~t. rw . . amount that would aua it as a maior em 

I" 

(221) "Small emissions unit" means an em issions unit that emits or has t he 

potential to emit theeACeollutmt in an ammmt less than the PA1 ~oh~tant's 

malicable significant !eve I as defned I in subsection (2181 of this sectipn; or in 42 

U.S.C. 7401 to 7671a, whichdver is lower. rI" 

rcn E.l ...... " m. 

(222) "SO? - means sulfur dioxide. 

(223) "Source" means one (1) or more affected facilities contained within a aiven 

contiquous propertv line. which means the propertv is separated onlv bv a public 

thorouahfare, stream, or other riaht of wav. 

(224) "saw means square. 

(225) "Stack or chimnef means a flue, conduit, or duct arranaed to conduct 

emissions to the atmosohere. 

(226) "Standard means an emission standard, a standard of performance, or an - - - - -- - - - -- 
ambient air aualitv standard as promulgated in 401 KAR Chapters 50 to 65 or the 

emission control requirements necessarv to complv with 401 KAR Chapter 51. 

(2271 "Standard conditions" means: 

(a) For source measurements, twentv (21)) degrees Celsius (sixtv-eight (68) dearees 

Fahrenheit) and a pressure of 760 mm Ha (29.92 in. of HM.1 - 

(b) For air aualitv determinations, twentv-five (25) deqrees Celsius (seventv-seven 

[77) declrees Fahrenheit) and a reference pressure of 760 mm Hg (29.92 in. of Ha). 

(228) "Start-UD" or "startup" means the settinq in operation of an affected facilitv. 

(229) "State implementation plan" or "SIP means the most recentlv prepared plan 

or revision required by 42 U.S.C. 7410 that has been approved bv the U.S. EPA. 

. . (230) "Stationarv source" means a brrildias, structure. fac~l~tymtallation 

f hat emits or has the ~otential to emit a reaulated NSR ~ollu~ rw 

(231) "Subject to requlation" is defined bv 40 C.F.R. 51.166(bN48) [&Mh?-PS 

(232) "Submit" means to send or transmit a document, information, or 

~0rresDonden~e in accordance with an applicable requirement. 

(233) "TAPPI" means Technical Association of the Pulp and Paper Industw. 

(234) 'Temporarv clean coal technoloay demonstration oroiect" is defined b; 40 

C.F.R. 51.166(b1(351. 

(235) "Ton" or "tonnage", for a NOx budaet source. means a short ton or 2.004 

. . pounds. For dete&Ox budaet emlsslons limitation, 

total tons for a control Deriod is calculated as the sum of all morded hourly 
i @@of . . the recorded hourlv emlsslons rates. in 

. . accordance with 40 C.F.R. Part 96. Wart H with any reru?mm&ction of a ton 

eaual to or areater than 0.50 ton deemed to eaual one Ill ton and aw fraction of a 

ton less than 0.50 ton deemed to eaudzero tons. 1-1 . . .. 

(236) "Total suspended particulates" or "TSP" means oarticmeasured bv the method describede ~ts-dd%d 

(237) "tpv" means tons per year. 

(238) "TSS means total suspended solids. 

(239) "Uncombined water" means water that can be separated from a compound bv 

ordinary phvsical means and that is not bound to a compound bv internal molecular I 

forces. 

(240) "Unit"~neans a fossil fuel-fired stationaw bo iler, combustion We. or 

combined cvc le svstem, pr-1 .. . .. 

(241) "Urban countv" means a countv that is a part of an urbanized area with a 

population areater than 200.000 based upon the 1980 census. If a portion of a countv is 

a part of an urbanized area. then the entire countv is classified as urban for 401 KAR 

Chapters 50 to 65. 

(242) "Urbanized area" means an area defined bv the U.S. De~attment of 

Commerce. Bureau of Census. 

(243) "U.S. EPA" means the United States Environmental Protection Aaencv. 

, (244) "UTM" means Universal Transverse Mercator. 

(245) 'Visibilitv impairment" is defined bv 40 C.F.R. 51.301. 1 
1 (246) "Volatile oraanic compound" or "VOC" is defined bv 40 C.F.R. 51.100&d. 

2 (247) "vd" means vard. 

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13 II II -1 

Section 2. Incorporation by Reference. (1) "North American Industry 

Classification Svstem". 2007. as published bv the Ofice of Management and 

Budaet is incorporated bv reference. 

(2) "Standard Industrial Classification Manual", 1987, as published by the Office of 

Management and Budget is incorporated by reference. 

m[@] This material may be inspected, copied or obtained, subject to applicable 

copyright law, at the following main and regional offices of the Kentucky Division for Air 

Quality during the normal working hours of 8 a.m. to 4:30 p.m., local time: 

(a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st floor, Frankfort, 

Kentucky 40601-1403, (502) 564-3999; 

(b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 

41 102, (606) 929-5285; 

(c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green, Kentucky 

421 04, (270) 746-7475; 

(d) Florence Regional Office, 8020 Veterans Memoriat Drive, Suite 110, Florence, 
1 Kentucky 41 042, (859) 525-4923; 

3 

2 

hntuckv 

(e) Frankfort 

40601. (5021 

Regional 

564-3358; 

Office, 

[- 

fi 

S, FF 

4 -1 

5 (f) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, 

6 (606) 435-6022; 

7 (g) London Regional Office, 875 S. Main Street, London, Kentucky 40741, (606) 

8 330-2080; 

9 (h) Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, 

10 Kentucky 42303, (270) 687-7304; and 

11 (i) Paducah Regional Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, 

13 m[@)] The Standard Industrial Classification Manual is also available under Order 

14 No. PB 87-100012 from the National Technical Information Service, 5285 Port Royal 

15 Road, Springfield, Virginia 22161, phone (703) 4874650. 
Date Leonard K. Peters, Secretary 

Energy and Environment Cabinet 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

(1) Provide a brief summary of: 

What this administrative regulation does: This administrative regulation 

defines the terms used in 401 KAR Chapter 51. 

The necessity of this administrative regulation: This administrative 

regulation provides clear and consistent definitions for terms used in 401 

KAR Chapter 51. 

How this administrative regulation conforms to the content of the 

authorizing statutes: The statutory authority for this regulation is given 

in KRS 224.10-100(5), which provides the cabinet the authority, power, 

and duty to prevent and control air pollution. The definitions contained in 

this administrative regulation are not more stringent or otherwise different 

than the corresponding federal definitions. 

How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: 

This administrative regulation assists the public and the regulated 

community by providing clear and consistent definitions for terms used in 

401 KAR Chapter 51. 

(2) If this is an amendment to an existing administrative regulation, provide a 

brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment revises definitions to reflect amendments 

made to the New Source Review (NSR) program at the federal level. The 

Prevention of Significanf Deterioration and Title V Greenhouse Gas 

Tailoring Rule (Tailoring Rule), published as a final rule on June 3, 2010, 

amends and creates definitions that significantly impact the Prevention of 

Significant Deterioration (PSD) and Title V permitting programs. The 

amendments are to the definitions for "Regulated NSR pollutant", which I includes greenhouse gases (GHGs) as a regulated NSR pollutant under 

the Clean Air Act, and the inclusion of a definition for "subject to 

regulationn, which includes the greenhouse gas emission thresholds to 

trigger PSD permitting. This regulation is also being amended to conform 

to KRS Chapter 13A. 

(b) The necessity of the amendment to this administrative regulation: 

The definition ainendments are necessary at the state level to ensure 

consistency between state and federal programs. The Tailoring Rule 

establishes January 2, 201 1, as the trigger date for GHGs to become 

regulated. The U.S. EPA found Kentucky's State Implementation Plan 

(SIP) deficient on September 2, 2010 (75 FR 53892) because it was 

determined the Kentucky does not have authority to issue PSD permits for 
GHGs. If Kentucky's GHG SIP revision is not in place by March 31,201 I, 

the Commonwealth will become subject to the Federal Implementation 

Plan, which was also issued on September 2, 2010 (75 FR 53883). 

Serious consequences of a FIP include loss of PSD and Tile V program 

approvals and loss of federal highway funds. EPA clearly states their 

intent in the preamble to SIP call: "For any state that lacks the ability to 

issue PSD or Title V permits for GHG emissions sources consistent with 

the final rule, we [EPA] intend to undertake a separate action to call for 

revisions to these programs. We [EPA] also intend to move quickly to 

impose a FIP for PSD through 49 CFR 52.21, and use our federal Title V 

authority to ensure that GHG sources will be permitted consistent with the 

final rule." This amendment also clarifies that small businesses will not be 

regulated solely because of their greenhouse gas emissions by tailoring 

the threshold limits. 

How the amendment conforms to the content of the authorizing 

statutes: This amendment maintains consistency with corresponding 

federal definitions affecting Kentucky's PSD and Title V permitting 

programs. 

How the amendment will assist in the effective administration of 

statutes: This amendment will provide clear and consistent definitions of 

terms used in 401 KAR Chapter 51 to prevent and control air pollution. 

List the type and number of individuals, businesses, organizations, or state 

and local governments affected by this administrative regulation: The 

amendments to this administrative regulation affects any facility with the capacity 

to emit greenhouse gases at or above the thresholds specified in the GHG 

Tailoring Rule. This includes PSD and Title V sources of greenhouse gas 

emissions but does not affect smaller emitters of greenhouse gases. EPA has 

estimated that without the Tailoring Rule there would be 82,000 permitting 

actions nationwide per year necessary to address greenhouse gas emissions, 

but with the implementation of the rule that number is reduced to 4,600 

nationwide. The Division for Air Quality has estimated this regulation 

amendment to affect 30 - 40 permitting actions per year in Kentucky. If these 

amendments are not made, Kentucky's permitting authority for these sources will 

become void. 

Provide an assessment of how the entities identified in question (3) will be 

impacted by either the implementation of this administrative regulation, if 

new, or by the change if it is an amendment: Amendments to the current 

regulation will include the regulation of greenhouse gas emissions. For those 

sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(a) List the actions that each of the regulated entities identified in 

question (3) will have to take to comply with this administrative 

regulation or amendment: Sources permitted under the Title V program 

will have to submit a permit application identifying and reporting the 

emissions but there will be no new requirements or standards imposed on 
the source. Sources permitted under the PSD program will have to submit 

a permit application including Best Available Control Technology (BACT) 

review for greenhouse gas emissions. 

In complying with this administrative regulation or amendment, how 

much will it cost each of the entities identified in question (3): There 

are no emission fees associated with the regulation of greenhouse gas 

emissions. The emission fee requirements of 401 KAR 50:038 do not 

apply to greenhouse gas emissions or carbon dioxide equivalent at this 

point. For those sources that must provide a BACT analysis, there is the 

additional cost to meet the requirements of the BACT determination. As 

BACT has not yet been established, it is unknown what these costs may 

be, since BACT determinations are project specific. Additionally, sources 

required to obtain a new permit will have the expense of completing a 

permit application. EPA has estimated that a Title V permit application for 

greenhouse gas sources would cost each source, on average, between 

$23,200 and $46,400. 

As a result of compliance, what benefits will accrue to the entities 

identified in question (3): These major sources will remain in 

compliance with state and federal regulations. The cabinet will remain the 

permitting authority for air quality permits, with permit applications being 

submitted directly to the cabinet rather than to the U.S. EPA. 

(5) Provide an estimate of how much it will cost the administrative body to 

implement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary source permits 

will require the Division for Air Quality to expand staff to review the 

increased permit load and inspect changes made to sources as a result of 

this regutation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in 

order to handle the increase in permit issuance. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost a 

permitting authority, on average, between $9,844 and $19,688 to process 

each source permit. 

(6) What is the source of the funding to be used for the implementation and 

enforcement of this administrative regulation: Any additional expense 

incurred by the Division for Air Quality to regulate greenhouse gas emissions 

would be paid for through current agency funds. The cabinet is not requesting 

additional general funds for the implementation and enforcement of the 

regulation. With this promulgation, there will be no emissions fees for GHG 

emissions. In Phase I of the federal mandate, there are no additional emission 

fees associated with GHG emissions. However, sources that are brought under 

PSD or Title V permitting during Phases II and Ill of the federal mandate solely 

because of GHG emissions will be subject to Title V emission fees for particulate 

matter, SO2, NOx, and VOC emissions. 
Provide an assessment of whether an increase in fees or funding will be 

necessary to implement this administrative regulation, if new, or by the 

change if it is an amendment. The cabinet is not requesting additional general 

funds for the implementation of this administrative regulation. However, Tile V 

emission fees may be impacted by the implementation of this administrative 

regulation, as stated above in paragraph 6. 

State whether or not this administrative regulation established any fees or 

directly or indirectly increased any fees. This administrative regulation does 

not establish fees, but as stated above in (7), Title V emission fees may be 

impacted. 

TIERING: Is tiering applied? Yes. The Tailoring Rule amends the threshold of 

greenhouse gas emission levels subject to regulation. This tiering revision was 

necessary to prevent small businesses and individuals from becoming subject to 

permitting requirements solely due to greenhouse gas emissions. 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. As a SIPapproved state for the PSD program under 40 CFR 51.166, recent changes in the 

federal PSDNSR and Title V programs make it necessary to revise the regulation in 

order to maintain federal approvability. Failure to do so will result in a Federal 

Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 

224.1 0-lOO(5). 

3. Minimum or uniform standards contained in the federal mandate. Changes in 

the federal definitions for this program necessitate amendments in the state 

definitions. 

4. Will this administrative regulation impose stricter requirements, or additional 

or different responsibilities or requirements, than those required by the federal 

mandate? No. 

5. Justification for the imposition of the stricter standard, or additional or 

different responsibilities or requirements. The definitions contained in this 

administrative regulation are not more stringent or otherwise different than the 

corresponding federal definitions. 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

I. Does this administrative regulation relate to any program, service, or 

requirements of a state or local government (including cities, counties, fire 

departments, or school districts)? Yes. 

What units, parts or divisions of state or local government (including cities, 

counties, fire departments, or school districts) will be impacted by this 

administrative regulation? This administrative regulation impacts the Division for 

Air Quality as the applicability of other administrative regulations is altered. Any 

state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtain a permit from the 

Division for Air Quality. 

3. Identify each state or federal statute or federal regulation that requires or 

authorizes the action taken by the administrative regulation. KRS 224.10- 

100(5), (26); 42 U.S.C. 7401,7410, 7471,7607; 40 CFR 51 .l66. 

4. Estimate the effect of this administrative regulation on the expenditures and 

revenues of a state or local government agency (including cities, counties, fire 

departments, or school districts) for the first full year the administrative 

regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for the first year? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for subsequent years? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

(c) How much will it cost to administer this program for the first year? The U.S. 

EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The 

U.S. EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division far Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program.